HomeMy WebLinkAbout05-03 - Declaring an Emergency and Making an Interim Appointment to CM Planning CommissionRESOLUTION NO. 05-3
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
COSTA MESA, CALIFORNIA, DECLARING AN EMERGENCY
AND MAKING AN INTERIM APPOINTMENT TO THE COSTA
MESA PLANNING COMMISSION PURSUANT TO
CALIFORNIA GOVERNMENT CODE SECTION 54974(b).
THE CITY COUNCIL OF THE CITY OF COSTA MESA DOES HEREBY
RESOLVE AS FOLLOWS:
WHEREAS, after the November 2004 election, two of the City's Planning
Commissioners are now elected members of the City Council leaving the City's
Planning Commission with a membership of three, the minimum number of
Commissioners required to form a quorum; and
WHEREAS, one of the remaining three Planning Commissioners is unavailable
due to emergency surgery and cannot participate in the Planning Commission.
Therefore, the Planning Commission does not have a quorum and cannot therefore,
take any action on planning applications pending before it; and
WHEREAS, the City Council is in the process of accepting applications and
appointing new Planning Commissioners by majority vote pursuant to Ordinance No.
04-17, which permanent appointments cannot be made prior to February 3, 2005; and
WHEREAS, pursuant to the California Subdivision Map Act, California
Government Code sections 66410 at. seq. (the "Map Act"), the Permit Streamlining
Act, California Government Code sections 65920, et seq. (the "PSA"), and other
provisions of California law, the City is required to take action on certain planning
applications within the time limits specified in the Map Act, the PSA or other statutory
provision. If the City does not take action within the specified time limits, such
applications will be "deemed approved" without input from the City under specified
circumstances; and
WHEREAS, the Planning Commission currently has several planning
applications pending before it that require action before the end of January 2005 or
these applications may be deemed approved pursuant to the Act; and
WHEREAS, these circumstances give rise to an emergency which requires
the Council to fill, on a temporary basis, the unscheduled vacancy created on the
Planning Commission immediately.
NOW, THEREFORE, BE IT RESOLVED that the City Council declares an
emergency exists which requires it to make a temporary appointment to the Planning
Commission until permanent appointments are made on February 7, 2005 as currently
scheduled. sanara r An+ is appointed as an Acting Planning Commissioner
pursuant to California Government Code section 54974(b), to serve until permanent
appointments are made by the City Council.
PASSED AND ADOPTED this 18'h day of January, 2000/55.
Dep0ty City Clerk6f the City of Costa Mesa Mayor of the City of Costa Mesa
APPROVED AS TO FORM 1
City Attor ey
N
STATE OF CALIFORNIA)
COUNTY OF ORANGE ) as
CITY OF COSTA MESA )
I, JULIE FOLCIK, Deputy City Clerk and ex -officio Clerk of the City Council of the
City of Costa Mesa, hereby certify that the above and foregoing Resolution
No. 05-3 was duly and regularly assed and adopted by the said City Council at
a regular meeting thereof held on the 189 day of January, 2005, by the following roll call
vote:
AYES: Mansoor, Bever, Dixon, Foley
NOES: Monahan
ABSENT: Mone
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of
the City of Costa Mesa this 19" day of January, 2005.
Depify City Clerk and ex -officio Clerk of
the City Council of the City of Costa Mesa