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SR - RES-10766 - CITYS PLANNING PROCESS TO GOVENMENTAL AGENCIES ° s o ° f� � �' o � D [� D � Q f� RESOLUTION NO. 10766 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ORANGE SETTING FORTH COUNCIL POLICY REGARDING THE APPLICABILITY OF THE CITY'S PLANNING PROCESS TO GOVERNMENTAL AGENCIES WHEREAS, the City of Orange supports orderly and consistent growth, beautification and development within its boundaries, as well as the rights of government agencies and community members to participate in the planning and land use development process in the City; and WHEREAS, the City Council has not previously expressed a policy regarding the application of the City's planning process to governmental agencies that seek to acquire, dispose of or develop property in the City; and WHEREAS, expressing a policy would assist community members and other governmental agencies in understanding the City Council's position with respect to planning and land use development projects in the City that are located on property controlled or proposed by such governmental agencies; and WHEREAS, the City Council desires representatives of the City to communicate and uphold this policy while serving on other legislative bodies, including special districts. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Orange as follows: l. The City Council of the City of Orange expresses the policy that governmental agencies that seek to acquire, dispose of or develop property in the City shall comply with the City's zoning and planning requirements to the fullest extent permitted by law, particularly, but without limitation, in cases where the potential action is not consistent with the City's land use designation (including the City's General Plan and Zoning Code) and/or would result in environmental impacts greater than those contemplated by the City's current land use designation. 2. Persons who serve on legislative bodies of other governmental agencies as representatives of the City shall uphold and communicate this policy to those agencies. l. -.- a _ i � � i� 1�Ef�R: DAfi� 8� M���INt�: ... __� ADOPTED this day of , 2014 Teresa E. Smith, Mayor, City of Orange ATTEST: Mary E. Murphy, City Clerk, City of Orange I, MARY E. MURPHY, City Clerk of the City of Orange, California, do hereby certify that the foregoing Resolution was duly and regularly adopted by the City Council of the City of Orange at a regular meeting thereof held on the day of , 2014, by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ABSTAIN: COUNCILMEMBERS: Mary E. Murphy, City Clerk, City of Orange Reso.No. 2 CITY COUNCIL MINUTES February 11, 2014 4. REPORTS FROM MAYOR SMITH 4.1 Council Reorganization. Mayor Smith thanked Mayor pro tem Murphy for his service through the past year and nominated Councilmember Whitaker as the next Mayor pro tem. MOTION - Smith SECOND - Alvarez AYES - Alvarez, Whitaker, Smith, Bilodeau ABSENT - Murphy Moved approval of Councilmember Whitaker as the Mayor pro tem. 5. REPORTS FROM COUNCILMEMBERS 5.1 Councilmember Whitaker—Requests a discussion and adoption of draft Resolution No. 10766,which sets forth a Council policy regarding the applicability of the City's planning process to governmental agencies and also authorizes the City Council to direct appointees to outside advisory bodies to uphold the City's interest in local control when representing the City on other legislative bodies. RESOLUTION NO. 10766 A Resolution of the City Council of the City of Orange Setting Forth Council Policy Regarding the Applicability of the City's Planning Process to Governmental Agencies Discussion—Mayor pro tem Whitaker stated his reason for proposing this resolution being that other government agencies with projects inside the City boundaries are currently not required to take any new use through the City's land use process. He indicated that the general population is not aware of this and brings their complaints to the Council. He went on to say that the Cities of Anaheim and Fullerton just passed the same resolution, and that it has no weight of law, but it is simply a policy decision—one that supports local control. He addressed the concern that this is not an attempt to direct a vote by a councilmember sitting on the board of another agency, but rather an action to allow the City to have a say on projects within the City's jurisdiction. Councilmember Bilodeau stated he was not in support of the resolution, specifically citing the third"Whereas". He stated that it directs the Council appointee to another agency how to vote; that the appointee should not have to come to Council to ask how to vote on a matter. He acknowledged a misperception that for instance, a school district can develop a project on their land without going through the land use process, stating this is not true. He further added that Paee 10 CITY COUNCIL MINUTES February 11, 2014 5. REPORTS FROM COUNCILMEMBERS (Continued) the State legislature gives each agency its powers, and that there are very limited instances when another agency would not have to go through the City's planning process. He ended by saying the resolution is redundant. Councilmember Alvarez stated agreement with Councilmember Bilodeau, adding that a Councilmember appointed to serve on another agency's board should be trusted. He continued by confirming with the City Attorney that the resolution has no teeth. Mayor pro tem Whitaker stated that he would not want to be told how to vote, and that is not his intent. He added that he was willing to remove the fourth"Whereas" paragraph, and the second"Therefore" paragraph, and leave it that this Council goes on record that it is good public policy that if another government agency owns a piece of property within the City's boundaries, they go through the planning process. Mayor Smith agreed with the Mayor pro tem and stated it was important to encourage a Council representative to state the Council's policy on land use development when serving on another board, and gave various examples of how different agencies have, or could affect the City by using their land without going through the process. She added that when she is representing the Council, as she sits on another agency's board, she takes into consideration not just her own opinion, but the entire Council's stand on an issue. MOTION - Whitaker SECOND - Smith AYES - Alvarez, Whitaker, Smith ABSENT - Murphy ABSTAIN - Bilodeau* Moved to approve Resolution No. 10766 in its revised form, removing the fourth "Whereas" and the second"Therefore" from the draft. * According to OMC Section 2.04.200 Silence Constitutes Affirmative Vote. Unless a member of the Council states that he is not voting, his silence shall be recorded as an affirmative vote. 6. REPORTS FROM BOARDS, COMMITTEES,AND COMMISSIONS -None Paee 11