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Home My WebLink About03-02 Appoint Commission/Board/CommitteeORDINANCE NO. 03-2 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, AMENDING TITLES 2, 12, AND 13 OF THE COSTA MESA MUNICIPAL CODE REGARDING CITY COUNCIL APPOINTMENT OF COMMISSIONS, BOARDS AND COMMITTEES THE CITY COUNCIL OF THE CITY OF COSTA MESA DOES HEREBY ORDAIN AS FOLLOWS: Section 1. Title 2, section 2-4, subdivision (b), of the Costa Mesa Municipal Code is hereby amended to read as follows: "Sec. 2-4. City council policies; commissions, boards and committees; terms and procedures. (a) Policies adopted by city council shall have the same effect as a resolution adopted by city council. (b) All commissions, boards and committees appointed by the city council, except as otherwise provided by the city council in this Code or by policy or as otherwise required by law, shall be appointed for two-year terms. (c) The procedures applicable to commissions, boards and committees are those specified by this Code and policies adopted by city council. Where a conflict occurs, the provisions of this Code shall prevail." Section 2. Title 12, section 12-59, of the Costa Mesa Municipal Code is hereby amended to read as follows: "Sec. 12-59. Membership. The parks and recreation commission shall consist of five (5) members appointed by the city council. Each Council Member will appoint a commissioner who will have a concurrent term with that Council Member. Each commissioner will serve at the pleasure of the appointing Council Member subject to the city council's authority by a 4/5 vote to reject appointments and removals. Additional details for the appointment procedures and member qualifications, terms and compensation may be set by city council policy." Section 3. Title 13, section 13-10, of the Costa Mesa Municipal Code is hereby amended to read as follows: "Sec. 13-10. Planning commission. (a) Commission created. Pursuant to the provisions of Section 65101 of the Planning and Zoning Law of the State Government Code, there is hereby created a planning commission which shall consist of five (5) members. (b) Appointment of commission. Each Council Member will appoint a commissioner who will have a concurrent term with that Council Member. Each commissioner will serve at the pleasure of the appointing Council Member subject to the city council's authority by a 4/5 vote to reject appointments and removals. Additional details for the appointment procedures and member qualifications, terms and compensation may be set by city council policy. (c) Ex -officio member of the commission. The city engineer and city attorney or his/her designee shall attend the meetings of the planning commission and assist the commission in an advisory capacity as needed. (d) Absence from commissions meetings without cause. If a planning commissioner is absent from three (3) consecutive regular meetings of the commission, without cause, the office of the member shall be deemed to be vacant and the term of such member terminated. The secretary of the planning commission shall immediately inform the city council of such termination. (e) Absence from commission meetings for cause. An absence due to illness or an unavoidable absence from the city and written notice thereof given to the secretary of the planning commission on or before the day of any regular meeting of the commission shall be deemed absence for cause. (f) Council Member ineligibility. No legislative body member of the city shall be eligible for membership on the planning commission. (g) Authority of the planning commission. (1) The planning commission shall have the power, except as otherwise provided by law,_ to act on plans for the regulation of the future growth, development and beautification of the city, in respect to: a. Public and private buildings and works, streets, parks, grounds and vacant lots. b. The future growth and development of the city in order to secure sanitation, proper service of all public utilities, shipping and transportation facilities. C. The location of any proposed buildings, structures, or works. (2) The planning commission is authorized to act upon the following discretionary actions: a. Recommend to the city council approval, conditional approval or denial of general plan amendments, specific plans, rezones, zoning code amendments, development agreements, density bonuses with public financial incentives, preliminary and final master plans, and any other action specified in this zoning code. b. Recommend to the redevelopment agency approval, conditional approval or denial of redevelopment actions, or adoption and/or amendments to a redevelopment plan. C. Approve, conditionally approve or deny applications for conditional use permits, variances, tentative tract and parcel maps, density bonuses without public financial incentives, and any other action specified in this zoning code. d. Perform other duties necessary to carry out the provisions reserved to the planning commission in Title 10 of the Municipal Code, the provisions of this zoning code and the provisions of the Planning, Zoning and Development Law of the State Government Code. (h) Commission bylaws authorized. The planning commission shall have the power, except as otherwise provided by law, to adopt such bylaws as it may deem necessary to provide for: (1) The time and place of meeting. (2) The time and method of electing officers. (3) Such other matters relative to the organization of the planning commission and methods of administration of its duties which are not otherwise provided for by statute or ordinance. (i) Regular meeting of commission defined. A regular meeting as provided by law or by rule of the planning commission or any regularly advertised public hearing shall be deemed a regular meeting." Section 4. Severability. If any chapter, article, section, subsection, subdivision, sentence, clause, phrase, or portion of this Ordinance, or the application thereof to any person, is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portion of this Ordinance or its application to other persons. The City Council hereby declares that it would have adopted this Ordinance and each chapter, article, section, subsection, subdivision, sentence, clause, phrase or portion thereof, irrespective of the fact that any one or more subsections, subdivisions, sentences, clauses, phrases, or portions of the application thereof to any person, be declared invalid or unconstitutional. No portion of this Ordinance shall supersede any local, State, or Federal law, regulation, or codes dealing with life safety factors. Section 5. Publication. This Ordinance shall take effect and be in full force and effect thirty (30) days from and after its passage and, before the expiration of fifteen (15) days after its passage, shall be published once in the NEWPORT BEACH -COSTA MESA PILOT, a newspaper of general circulation printed and published in the City of Costa Mesa, or, in the alternative, the City Clerk may cause to be published a summary of this Ordinance and a certified copy of the text of this Ordinance shall be posted in the office of the City Clerk five (5) days prior to the date of adoption of this Ordinance, and within fifteen (15) days after adoption, the City Clerk shall cause to be published the aforementioned summary and shall post in the office of the City Clerk a certified copy of this Ordinance together with the names of the members of the City Council voting for and against the same. PASSED AND ADOPTED this 3"day of j'Yl4,4x,41 , 2003 Mayor ATTEST: Depu City Clerk of the City'6f Costa Mesa APPROVED AS TO FORM: City Attorney STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss 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 Ordinance No. 03-2 was introduced and considered section by section at a regular meeting of said City Council held on the 18th"day of February 2003, and thereafter passed and adopted as a whole at a regular meeting of said City Council held on the 3rd day of March , 2003, by the following roll call vote: AYES: Cowan, Monahan, Mansoor NOES: Robinson, Steel ABSENT: None IN WITNESS WHEREOF, I have hereunto set my hand and affixed the Seal of the City of Costa Mesa this 4t-_lday of. March 2003. DeWty City Clerk and ex -officio Clerk of the City Council of the City of Costa Mesa