Loading...
Ordinance - 2201ORDINANCE NO.2201 l AN ORDINANCE OF THE CITY OF WEST ARTICLE III OF CHAPTER 2 OF THE WEST CODE REGARDING ADVISORY COMMISSIONS E i WHEREAS, Commissions are comprised of citizens advisory role to the City Council; and. COVINA AMENDING COVINA MUNICIPAL of West Covina, serving in an WHEREAS; the rules and procedures for City Commissioners are outlined in Chapter 2 - Article III of the West Covina Municipal Code; and WHEREAS, . the proposed amendments to Chapter 2 - Article III of the West Covina Municipal Code, will change the appointment process of Commissioners from individual appointments by Councilmembers to majority approval of the City Council; and WHEREAS, .the following Ordinance also outlines the procedures for the transition to the new appointment process, eliminate the previously suspended Waste Management Commission, and permanently reduce the Senior Commission from seven to five members; and WHEREAS,' Section 2-72 through 2-77 outline the responsibilities of each of the current City Commissions and have not been affected by this Ordinance, other than the removal of Section 2-75 — Waste Management Commission Duties and Responsibilities. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF WEST COVINA DOES HEREBY ORDAIN AS FOLLOWS: SECTION NO. 1: Article III of Chapter 2 of the West Covina Municipal Code, entitled "Advisory Commissions," is hereby amended to read as follows. ARTICLE III. ADVISORY COMMISSIONS* Sec. 2-66. Advisory commissions established. Five (5) commissions are hereby established by the City Council: Commission Number of Positions Community Services Ten Human Resources Commission Five Planning Commission Five Public Arts Commission Seven Senior Commission Five Sec. 2-67. Appointment, Vacancies, and Removal. (a) Appointments. Members of all commissions and boards of the city shall be appointed by the City Council and shall serve at the pleasure of the City Council. Such appointments shall be made, by resolution, adopted by the affirmative votes of not less than three (3) members of the City Council. Commissioners shall be at least 18 years of age, be a resident of the city at the time of his or her appointment and throughout their term of office. In addition, senior commission members must be at least fifty (50) years old. (b) Additional public arts commission appointments. In addition to the appointments provided for under subsection (a), two (2) additional appointments (for an overall total of seven (7)) shall be made to the public arts commission. These two additional appointments shall be filled by the sitting chair and vice -chair of the planning commission. If, however, at the time Ordinance No. 2201 February 2, 2010 Page 2 of assuming office at the first regular meeting in May, the chair and/or vice -chair of the planning commission state, either orally or in writing, that they do not wish to assume appointment td the public arts commission; the planning commission shall nominate and elect an alternate commissioner(s) to assume the appointment(s) for that forthcoming year. (c) Initial appointments. Initial appointments shall be made as set out in section 2-68. (d) Vacancies. Any vacancy on any commission, from whatever cause arising, shall be filled by resolution, carried by not less than three (3) affirmative votes of the City Council. Upon a vacancy occurring, any appointment to fill such vacancy shall be for the un-expired portion of such term. In the event of two or more vacancies, with various terms, the City Clerk shall draw at random the name(s) to serve the shorter term. (e) Removal. Notwithstanding the provisions of Section 2-69 (a), all commissioners shall serve at the will of the City Council and can be removed, without cause, upon an affirmative vote of not less than three (3) members of the City Council. Any commissioner removed from a commission upon the affirmative vote of not less than three (3) , members of the City Council may not be appointed to any City Commission, Ad -Hoc Committee, employment with the City of West Covina (volunteer, part-time, or full-time) for a period of one year from the date of removal. Sec.2-68. Transition. (a) All terms of commissioners in office on the effect date hereof, will expire on March 31, 2010, and all new commissioner terms of office will begin on April. 1, 2010. (b) In order to stagger the initial terms of office, all initial appointees will serve either a one (1) year or three (3) year term. The City Clerk will select at random, three (3) commissioners to serve a three (3) year term and two (2) commissioners to serve a one (1) year term for all commissions, except the Community Services Commission. For the Community Service Commission, the City Clerk will select at random, five (5) commissioners to serve a three (3) year term and five (5) commissioners to serve a one (1) year term. (c) Terms shall commence on April 1 and expire on March 31 of the appropriate year. I (d) In the event that not all commission appointments have been made by April 1, 2010, a current commissioner may continue serving on the commission until his/her successor is appointed. Sec. 2-69. Term of office. (a) Length of term. Each commissioner shall have a term of office of three (3) years which shall be staggered. 'Terms shall commence on April 1 and expire on March 31. Each commissioner shall continue to serve, even after expiration of his/her term, until his/her successor is appointed. (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. Ordinance No. 2201 February 2, 2010 Page 3 See.2-70. Reserved Sec. 2-71. Meetings and organization. (a) Meetings. Each commission (with the exception of the Planning Commission which shall meeting twice -a month) shall meet at least once every other 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. All meetings, including special meetings, shall be held in the manner provided for in the Ralph M. Brown Act, Section 54590 of the California Govermnent Code, as it may be amended from, time to time. (b) Annual election of officers. At its first regular meeting in June (May for the Planning Commission) 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. Each commission may also elect a. secretary for the commission, and the person elected secretary does not need to be a member of the commission. Each 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. Sec. 2-72. Community services commission responsibilities. The Community Services Commission may: 1. Aid and advise the City Council on matters pertaining to the community service needs of the citizens of West Covina relating to: a. Public recreational services. b. Cultural activities and special events. C. Youth services. d. Public transportation. e. Neighborhood and human relations. f. Human rights. 2. Review matters pertaining to the preparation, implementation, and evaluation of the city's community development block program. 3. Seek the assistance of citizen committees to investigate and research specific issues concerned with community services with the concurrence of the City Council. 4. Provide input to the planning commission and the City Council on matters pertaining to the design and features of parks and community centers that affect the provision of recreation and related services. 5. Recommend programs and activities directed toward enhancing the recreation opportunities available to all, persons in our community. 6. Recommend to the City Council programs and activities directed toward enhancing communication and relationships between residents, agencies, institutions, and businesses in our community. 7. Recommend to the City Council measures to ameliorate physical, social and economic conditions adversely affecting the residents of our community. 8. 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. 9. Recommend to the City Council delinquency prevention programs that foster respect, positive self-esteem, and personal and social responsibility. Ordinance No. 2201 February 2, 2010 Page 4 Sec. 2-73. Human resources commission responsibilities. 1. Advisory capacity. As provided in article III of this chapter and the personnel rules, the human resources commission may 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{. a. Review personnel administration. The human resources commission may 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 [those] 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. b. Requests for hearings. When requested by the council or the personnel officer, the human resources commission may 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. c.. Appeals. As provided by article III of this chapter and by the personnel rules, the human resources commission may 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 article III or the classification and salary resolution of the personnel rules; and to certify its findings and recommendations as provided in this chapter. d. 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 issued by the City Council. Each member of the human resources commission shall have the power to administer:oaths to witnesses. Sec. 2-74. Planning commission responsibilities. The planning commission shall: 1. Prepare, adopt and recommend to the council a comprehensive long-term plan for the physical development of the city, which shall be known as the City of West Covina General Plan. 2. 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. 3: Act on the advisory agency of the council in connection with the administration of the State Map Act. 4. 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. 5. 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. 6. Perform all other duties as may be imposed by law or the City Council. Ordinance No. 2201 February 2, 2010 Page 5 I Sec.2-75. Reserved Sec. 2-76. Senior commission. The commission created may: 1. 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. 2. Encourage activities necessary to increase resident awareness of existing programs and services. 3. Foster and enhance within the community the recognition of the contributions of senior citizens to the community. 4. Establish and ;coordinate an ongoing citywide senior volunteer program of service to the community. 5. 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. 6. Prepare an amival program of work proposing activities to be addressed by the commission for consideration by the City Council. 7. 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. 8. Review matters pertaining to the preparation, implementation, and evaluation of the city's community development block grant program. Sec. 2-77. Public arts commission. 1. Qualifications. To the extent practicable, appointees to the public arts commission should possess a background, training, education, and/or other professional experience in the arts. Failure to possess any such qualifications, however, shall not exclude a person from appointment. These qualifications shall not apply to members of the public arts commission appointed as planning commission representatives. 2. Responsibilities. The public arts commission shall: a. Carry out the responsibilities specifically assigned to the commission for the administration of the art in public places program as set forth in article II of chapter 17, of this Code. b. In an advisory capacity to the City Council, carry out other responsibilities reasonably necessary for the administration, implementation, and promotion of the city's art in public places program. �' c. Aid_ and advise the City Council, as directed, on other matters pertaining to the promotion and advancement of the visual and performing arts within the City of West Covina. Section 2-78 — 2-141. Reserved. SECTION NO. 2: The City Clerk,shall certify the adoption of this Ordinance and shall cause the same to be posted or published in the manner as required by law. SECTION NO. 3: This ordinance shall take effect and be in force thirty (30) days from and after the,date of its passage. Ordinance No.2201 February 2, 2010 Page 6 APPROVED AND ADOPTED on this 2" a day of February 2010. ay r helley Sanderson ATTEST-- IL ity CiAlaurie Carrico I, LAURIE CARRICO, CITY CLERK of the City of West Covina, California, do hereby certify that the foregoing Ordinance was regularly introduced and placed upon its first reading at a regular meeting of the, City Council on the 19`h day of January, 2010. That thereafter said Ordinance was duly adopted and passed at a regular meeting of the City Council on the 2" d day of February 2010, by the following vote: AYES: Herfert, Lane, Sanderson NOES: None ABSENT: Hernandez, Touhey ABSTAIN: None APPROVED AS TO FORM: Ci y Attorney Am611d Alvarez-Glasman -ZL21"M iAA City Clerk La rie Carrico CERTIFICATION I, Susan Rush, Assistant City Clerk of the City of West Covina, State of California, do hereby certify that a true and accurate copy of Ordinance No. 2201 was duly enacted and passed by the West Covina City Council, and caused to be posted pursuant to law (G.C. 36933), at the following locations: West Covina City Clerk's Office (3ra floor) Los Angeles County Public Library (West Covina Branch) West Covina Police Department (front lobby) Susan Rush, lAssistant City Clerk Posted: a / 9 //0