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Ordinance - 2041ORDINANCE NO. 2041 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA REVISING WEST COVINA MUNICIPAL CODE CHAPTER 2, ARTICLE III, BOARDS AND COMMI S S,IONS isThe City Council of the City of West Covina does ordain as follows: 1. Findings. The City Council finds A) that to insure fair representation to all members of the community, the power to appoint members to West Covina's five advisory commissions should be revised as set out here. B) No Commission duties are changed by this revision. 2. West Covina Municipal Code Chapter 2, Article III, is repealed in its entirety. 3. West Covina Municipal Code Chapter 2, Article III, is readopted to read as follows: Article III ADVISORY COMMISSIONS 2-66 Advisory Commissions Established Five Commissions are hereby established by the City Council: Community Services - ten (10) positions i Personnel Commission - five 95) positions Planning Commission - five (5) positions Senior Commission - 5 positions (+ 2 appointed under § 2-67(g)) Waste Management and Environmental Quality Commission - five (5) positions 2-67 Power to Appoint (a) Appointments. Each City Councilmember has the power to appoint one commissioner each to the Planning, Personnel, Waste Management and Senior Commissions, and two (2) commissioners to the Community Services Commission. Every Commissioner shall be a resident of the City. In addition, Senior Commission members must be at least 50 years old. (b) Initial Appointments. Initial appointments after the effective date hereof shall be made as set out in § 2- 68. (c) Vacancies.Thereafter, each councilmember shall have appointment power to fill vacancies as set out in 2-70. • (d) Time to Appoint. Upon assuming office for each term a newly elected or reelected Councilmember shall have the power to appointment as set out in (a). (e) Letter of Appointment. Each Councilmember shall exercise his/her appointment power by filing a statement or letter with the City Clerk indicating the name of the commission, position to be filled (if known) and the person appointed. The appointment is effective as of the date of filing with the City Clerk. 462/014125-0003/3285639.1 .09/O6/99 The City Clerk shall announce the appointment at the commencement of the next regular City Council meeting. (f) Removal. A commissioner may be removed in the same manner as he/she is appointed. (g) Senior Commission. Senior Commission members by majority vote .may add two (2) full -voting members to • that Commission, each such member to serve at their pleasure for one (1) year from the date of his/her appointment. There is no age limit on such appointments. 2-68 Transition (a) A current commissioner serving on a commission on the effective date hereof shall continue to serve until his/her successor is appointed. (b) A current commissioner reappointed under this revised Article shall serve under these terms and conditions. .(c) Newly appointed commissioners shall fill positions commencing with the term closest to expiration. If two or more current positions have the same remaining term, lots shall be drawn to determine which position shall be filled first. 2-69 Term of Office (a) Length of Term.Each commissioner appointed by a City Council member hereunder shall serve at the pleasure of that City Councilmember and for the same term as that City Councilmember. Each commissioner shall continue to serve, even after expiration of his/her term, until his/her successor is appointed and qualifies. (b) Absent Planning Commissioners. Notwithstanding, Planning Commissioners who are absent (whether or not excused) from three (3) consecutive regular planning commission meetings or from a total of six (6) regular planning commission meetings during any calendar year shall be deemed to have vacated the position at the close of the meeting at which he or she has been absent as set out here. (c) Other Absent Commissioners. In addition, any other commissioner who is absent (whether or not excused) from three (3) consecutive regular commission meetings or from a total of four (4) regular commission meetings during any calendar year shall be deemed to have vacated the position at the close of the meeting at which he or she has been absent as set out here. (d) Resignation. A commissioner may resign by submitting a written statement to the City Clerk. The resignation is effective when submitted. 2-70 Filling Vacancies (a) Councilmember Appointment. The appointing City • Councilmember shall fill any vacancy, whether created by resignation, death, disability, non-attendance or otherwise, within 30 days of the occurrence of the vacancy. The appointment shall be at his/her pleasure for the balance of the term. (b) Council Appointment. In the event the vacancy is not filled by a City Councilmember within 30 days, the power to appoint shall pass to the City Council. The City Council thereafter, by affirmative vote of three (3) members, shall have the power to appoint until the 482/014125-0003/3285839.1 a09/08/99 -2- end of the fiscal year. In the event of a vacancy in the position so filled by the City Council, and at the end of the fiscal year, the power. to appoint shall return to the individual City Councilmember. 2-71 Meetings and Organization (a) Meetings. Each commission shall meet at least once per • month on a day and at a time determined by the commission and approved by resolution of the City Council. A majority of the members of the commission shall constitute a quorum for the transaction of business. Ali meetings, including special meetings, shall be held in the manner provided for in the Ralph M. Brown Act, Sections 54950 of the California Government Code, as it may be amended from time to time. (b) Annual Election of Officers. At its first regular meeting in May and annually thereafter (and as needed to fill a vacancy) each commission shall elect a chair and vice -chair from among its members, of whom shall serve one-year terms. The commission may also elect a secretary for the commission, and the person elected secretary does not need to be a member of the commission. Commission shall have the power to adopt rules for the transaction of business and shall keep a record of resolutions, findings and determinations. (c) Compensation. Any compensation shall be set by resolution of the City Council. 2-72 Community Services Commission Responsibilities (a) The Community Services Commission may: Aid and advise the City Council on matters pertaining to the community service needs of the citizens of West Covina relating to: i. Public Recreational Services. if. Cultural Activities and Special Events. iii. Youth Services. iv. Public Transportation. V. Neighborhood and Human Relations. . vi. Human Rights: (b) Review matters pertaining to the preparation, implementation, and evaluation of the City's community development block program. (c) Seek the assistance of citizen committees to investigate and research specific issues concerned with community services with the concurrence of the City Council. Provide input to the planning commission and the City Council on matters pertaining to the design and is(d) features of parks and community centers that affect the provision of recreation and related services. (e) Recommend 'programs and activities directed toward enhancing the recreation opportunities available to all persons in our community. (f) Recommend to the City Council programs and activities directed toward enhancing communication and 482/014125-0003/3285839.1 a09/08/99 -3- relationships between residents, agencies, institutions, and businesses in our community. (g) Recommend to the City Council measures to ameliorate physical, social and economic conditions adversely affecting the residents of our community. (h) Seek involvement of residents, agencies, organizations, institutions, and the business community to further mutual regard and understanding between all persons of our city, and work toward constructive resolution of tensions whenever they occur. (i) Recommend to the City Council delinquency prevention programs that foster respect, positive self-esteem, and personal and social responsibility. 2-73 Personnel Commission Responsibilities The Personnel Commission may: (a) Advisory capacity. As provided in division 3 of article III of this Chapter and the Personnel Rules, act in an advisory capacity to the Council and the Personnel Officer on personnel matters not specifically delegated by law to other parties in the city service. (b) Review personnel administration. Continually review the recruitment and selection process for the classified service, including the publishing or posting of test notices and the preparation and scoring of tests, and the certification of eligible for appointment, and review the city's position classification system; and make comments and recommendations regarding such processes to the personnel officer of the council. (c) Requests for hearings. When requested by the council or the personnel officer, hold hearings and make other recommendations on any of the matters of personnel administration, within the limits of the request by the council or the city manager. (d) Appeals. As provided by division 3 of article III of this chapter and by the personnel rules, to receive and hear appeals submitted by any person in the city service relative to any dismissal, demolition, reduction in pay or alleged violation of such division 3 or the classification and salary resolution of the personnel rules; and to certify its findings and recommendations as provided in this chapter. (e) Hearing procedures; subpoenas. In any hearing delegated to the commission under this section, it shall have the power to examine witnesses under oath and compel their attendance or the production of evidence before it by subpoenas, issued in the name of the city and attested by the city clerk. It shall be the duty of the chief of police to cause all such subpoenas to be served; and refusal of a person to attend or testify in answer to such subpoena shall subject such person to prosecution, in the same manner set forth by law for failure to appear before the city • council in response to a subpoena issues by the city council. Each member of the personnel commission shall have the power to administer oaths to witnesses. 2-74 Planning Commission Responsibilities The Planning Commission shall: (a) Prepare, adopt and recommend to the council a compre- 482/014125-0003/3285839.1 a09/08/99 hensive long-term plan for the physical development of the city, which shall be known as the City of West Covina General Plan. (b) Prepare, adopt and recommend to the council plans based on the general plan and drafts of such regulations, programs and legislation as may, in its judgment, be required for the systematic execution of the general .. Plan. (c) Act on the advisory agency of the council in connection with the administration of the State Map Act. (d) Hear and decide applications for variances, unclassified use permits, tentative tract and parcel maps, as well as precise plans of design in accordance with adopted rules and procedures. (e) Investigate, hear and recommend to the city council plans for the improvement and beautification of the city, including such matters supplementary or [relating to] change of zoning regulation and district. (f) Perform all other duties as may be imposed by law or the city council. 2-75 The Waste Management and Environmental Quality Commission's Responsibilities The Commission acts in an advisory capacity to the city council on matters pertaining to the management of hazardous and nonhazardous wastes and environmental quality. In this connection, the commission shall: (a) Review the waste management options available to the city and recommend courses of action to the city council to address the future waste management needs of the city. Such an examination will require reviews of the nonhazardous waste volume, disposal capacities and transportation in the county and region. (b)' Review the Los Angeles County Solid Waste Management Plan, amendments and make recommendations to the city council regarding said management plan. (c) Review the Los Angeles County Hazardous Waste Management Plan and make recommendations to the City Council on said plan. (d) Review and make recommendations to the city council on any waste management plan for implementation. (e) Review and make recommendations on any household hazardous waste program established in the City of West Covina or in which the City of West Covina participates in Los Angeles County. (f) Review and comment on the BKK Transition Land Use Plan to the city council. (g) Review, comment and recommend to the city council possible city position on state and federal legislation Pertaining to waste management and environmental issues as the legislative calendars permit. Investigate or cause to be investigated, and recommend to the city council the development of state legislation that would facilitate transition, improve the management of hazardous and nonhazardous wastes and otherwise improve the protection of the public's health and the environment. (h) Conduct meetings with individuals, groups and 482/014125-0003/32B5839.1 a09/08/99 -5- organizations to establish and maintain an open dialogue for input and discussion of waste management and environmental issues and programs initiated by the City of West Covina, and to secure the support of the public for appropriate waste management systems and environmental programs. (i) Review matters pertaining to the operation of the landfill; closure and/or postclosure plans; and 10-1 maintain regulatory agency liaison as necessary. (j) Act on any other matter assigned to the commission by the city council. 2-76 Senior Commission The commission created may: (a) Aid and advise the city council in the identification of the needs of the senior population of West Covina, and recommend policies and programs to meet those needs. (b) Encourage activities necessary to increase resident awareness of existing programs and services. (c) Foster and enhance within the community the recognition of the contributions of senior citizens to the community. (d) Establish and coordinate an ongoing citywide senior volunteer program of service to the community. (e) Serve as a medium through which organizations may exchange information, coordinate programs, and engage in joint endeavors to benefit the senior population of West Covina. (f) Prepare an annual program of work proposing activities to be addressed by the commission for consideration by the city council. (g) Provide information to senior citizens on the status of issues, proposals, projects and programs which have been brought before the commission in order to inform and generate communication from senior citizens. 3. Effective Date.This ordinance shall be effective thirty (30) days from the date of its adoption. 4. Publication and Posting. The City Clerk shall publish this ordinance as required by law. PASSED, APPROVED AND ADOPTED this 7th day of September, 1999. • MAYOR Ka ryn Howard ATTEST: \ C TY CLERK -Janet Ber 482/014125-0003/3285839.1 a09/08/99 ra • Ordinance No. 6%1 I hereby certify that the foregoing ordinance was duly adopted by the City Council of the City of West Covina at a regular meeting thereof held on the 7th day of September, 1999, by the following vote of the Council: AYES: Melendez, Wong, Howard NOES: Herfert, Touhey ABSENT: None APPROVED AS TO FORM: CIT�V ATTORNEY Betsy Martyn aAa Lt, _ CITY CLERK Janet Berry •• 482/014125-0003/3285839.1 a09/08/99 —7—