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HomeMy WebLinkAboutAGENDA REPORT 2004 1020 CC REG ITEM 09DMOORPARK CITY COUNCIL AGENDA REPORT CITY OF MOORPARK, CALIFORNIA City Council Meeting of /0- 070 -A10o4 ACTION: &&d Y TO: Honorable City Council FROM: Barry K. Hogan, Community Development Directo Prepared By: Laura Stringer, Senior Manag nt Analyst'�, DATE: September 28, 2004 (CC Meeting of 10/20/04) SUBJECT: Consider Ordinance Amending Chapter 2.36 - Planning Commission of Title 2- Administration and Personnel of the Moorpark Municipal Code BACKGROUND Moorpark Municipal Code Chapter 2.36 sets forth the requirements for the City of Moorpark Planning Commission, including membership and term of office (Section 2.36.020) and organization (Section 2.36.080). Community Development staff is suggesting the addition of language to both of these sections to provide for clarity and flexibility. DISCUSSION Since February 2003, the Planning Commission has maintained a regular meeting schedule of the first (1St) and third (3rd) Tuesday of each month, with cancellations occurring from time to time based on application case loads. Staff has reviewed historic Planning Commission meeting activity, and suggests that both Planning Commission and staff time would be better served with one regular meeting per month. Staff and the current Planning Commission prefer the second (2nd) Tuesday of each month. This meeting would occur during the week between the two City Council meetings for most of the year. A special meeting could be held on the forth (4th) Tuesday of each month if scheduling of projects required it. The day of the week and time would actually be determined by the Planning Commission members after the anticipated 2004 City Council reorganization and Planning Commission appointment per Section 2.36.020. S: \Community Development \ADMIN \COMMISSION \P C POLICIES \agenda reports \2004 \cc 041020 ord rev.doc 01001029 Honorable City Council October 20, 2004 Page No. 2 Both the Municipal Code (Section 2.36.080) and the Planning Commission Rules and Procedures require amendment to provide the flexibility to set monthly meetings. Staff has prepared a draft Ordinance proposing changes (in legislative format) to Chapter 2.36 - Planning Commission, that, if approved by City Council, would provide additional flexibility in the regular meeting schedule, by allowing the Planning Commission to set either one or two regular meetings per month (similar to what is provided for in Chapter 2.32 for the Parks and Recreation Commission) and to provide clarity to other procedures in the section. In addition, staff is suggesting additional language in Sections 2.36.020 and 2.36.080 to provide for situations where the Commission does not hold a meeting during January (a situation which has occurred during the last few years) or where the Commission has a compelling need to adjust meeting schedules during the year. The City Attorney has reviewed the proposed Ordinance and had no changes to offer. STAFF RECObMNDATION 1. Introduce Ordinance No. for first reading to approve amendments to Chapter 2.36 (Planning Commission) of the Moorpark Municipal Code. 2. Schedule second reading and adoption for November 3, 2004. Attachment: Draft Ordinance with proposed revisions in legislative format. ORDINANCE NO. AN ORDINANCE OF THE CITY OF MOORPARK, CALIFORNIA, AMENDING CHAPTER 2.36 - PLANNING COMMISSION OF TITLE 2 - ADMINISTRATIVE AND PERSONNEL, OF THE MOORPARK MUNICIPAL CODE WHEREAS, Chapter 2.36 of Title 2 of the Moorpark Municipal Code sets forth the requirements for the Planning Commission; and WHEREAS, the City Council has determined that Section 2.36.020 of Chapter 2.36 should be amended to clarify the nomination and appointment procedure for the Planning Commission; and WHEREAS, the City Council has further determined that Section 2.36.080 of Chapter 2.36 should be amended to clarify the regular meeting schedule for the Planning Commission. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK DOES ORDAIN AS FOLLOWS: SECTION 1. Sections 2.36.020 and 2.36.080 of Chapter 2.36 of the Moorpark Municipal Code are hereby amended in their entirety as follows: "Section 2.36.020 Membership - -Term of Office. A. The planning commission shall consist of five (5) members to be appointed by the city council. The mayor shall solicit suggested nominees from members of the council. The mayor shall make a motion putting forth a single name to be approved for appointment. A second shall be required. The council shall vote on each appointment to the commission individually. The term of the planning commissioner shall be for a period of two (2) years. The appointment, or reappointment, as the case may be, shall occur at the reorganization meeting of the city council held every even - numbered year, or as soon as possible thereafter. The existing term of each planning commissioner shall be extended until such new appointments occur. If a vacancy occurs otherwise than by expiration of a term, it shall be filed for the unexpired portion of the term of office by the same nomination process described herein for a new term of office. The term of CC ATTACHMENT Ordinance No. Page 2 the ex officio or advisory members shall correspond to their respective terms of office. B. Nothing in this chapter is intended to preclude the reappointment of any planning commissioner upon the expiration of his or her term. Section 2.36.080 Organization. A. At the first regular meeting in januaLcy of each year, the planning commission shall elect its chain from among the appointed members for the term of one (1) year and, subject to other provisions of law, may create and fill such other offices as it may determine. B. The commission shall hold regular monthly or bimonthly meetings as determined by the commission at its first meeting in januaEy of each year, such determination to include the dates, time and place of such meetings. Should a need arise during the year, the commission may, by a majority vote, revise the dates, time and place of such meetings. C. The commission may hold such additional adjourned or special meetings as may be called in accordance with the provisions of the Government Code. D. If any regular meeting falls on a holiday, it shall be held on the next scheduled business day and all meetings otherwise scheduled or noticed to be held on a regular meeting day falling on a holiday shall be held at the meeting of the next business day without the necessity of any other or further notice." SECTION 2. If any section, subsection, sentence, clause, phrase, part or portion of this Ordinance is for any reason held to be invalid or unconstitutional by any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council declares that it would have adopted this Ordinance and each section, subsection, sentence, clause, phrase, part or portion thereof, irrespective of the fact that any one or more section, subsections, sentences, clauses, phrases, parts or portions be declared invalid or unconstitutional. SECTION 3. This Ordinance shall become effective thirty (30) days after its passage and adoption. Ordinance No. Page 3 SECTION 4. The City Clerk shall certify to the passage and adoption of this Ordinance; shall enter the same in the book of original ordinances of said City; shall make a minute of the passage and adoption thereof in the records of the proceedings of the City Council at which the same is passed and adopted; and shall, within fifteen (15) days after the passage and adoption thereof, cause the same to be published once in the Moorpark Star a newspaper of general circulation, as defined in Section 6008 of the Government Code, for the City of Moorpark, and which is hereby designated for that purpose. PASSED AND ADOPTED this day of , Patrick Hunter, Mayor ATTEST; Deborah S. Traffenstedt, City Clerk f