1. COLTON - Ordinance O-17-22 Amending Rules for Appointive Commissions and Committees to Adjust to Reduced Size of City Council per 2018 Measure R - 6 to 4 Membe- c1-bs1
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1 ORDINANCE NO. O-17-22
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
COLTON, CALIFORNIA, AMENDING CHAPTER 2.30 OF TITLE
2 (ADMINISTRATION AND PERSONNEL ) TO ADJUST LOCAL
RULES FOR APPOINTMENT TO AND SERVICE ON CITY
APPOINTIVE BOARDS, COMMISSIONS AND COMMITTEES, IN
ORDER TO CONFORM TO THE NEW CITY COUNCIL FORMAT
ENACTED BY 2018 MEASURE “R” AND MAKING OTHER
TECHNICAL AMENDMENTS.
WHEREAS, pursuant to Colton Municipal Code Chapter 2.0 2, the Colton City Council currently consists of six (6) members who are elected by-districts with an at-large elected Mayor; and
WHEREAS, pursuant to the requirements of California Government Code section 34871, at the November 6, 2018 General Municipal Election, Colton voters approved Measure “R”, an amendment to Chapter 2.02 of the Municipal Code to reduce the number of City Councilmembers from six (6) to four (4) while retaining an at-large elected Mayor; and
WHEREAS, the changes to the City Council enacted by Measure “R” will go into effect following the November 8, 2022 General Municipal Election; and WHEREAS, Chapter 2.30 and related provisions of the Colton Municipal Code set forth the process and procedures by which the City Council may appoint qualified individuals to serve on the City of Colton’s Planning Commission, Utilities Commission and other City appointive boards, commissions and committees; and WHEREAS, the City Council finds that the amendments contained herein are necessary and appropriate to adjust the local rules for appointive boards, commissions and committees to account for the upcoming changes to the City Council en acted by Measure “R”; and
WHEREAS, the City Council desires to make certain other technical amendments to the local rules for appointive boards, commissions and committees in order to clarify the process.
THE CITY COUNCIL OF THE CITY OF COLTON, CALIFORNIA DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Chapter 2.30 of Title 2 (Administration and Personnel) of the Colton Municipal Code is hereby amended to read as follows:
“Chapter 2.30 – APPOINTMENT OF MEMBERS OF CITY BOARDS,
COMMISSIONS AND COMMITTEES BY COUNCILMANIC DISTRICT.
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2 2.30.010 - Purposes and applicability.
The purposes of this chapter are to establish a fair and equitable method for the appointment of individuals to the various boards, Committees and Commissions within the City and to assure District representation on those boards, Committees and Commissions to the greatest extent possible in accord ance with the six four City Council electoral Districts that have been established by an Ordinance enacted by the people of the City while at the same time assuring that qualified and interested Residents are appointed to serve on such boards, Committees and Commissions. This chapter Shall not apply to any board, Committee or Commission which is established in accordance with applicable Federal, or State or local Law that establishes different requirements as to the number, compositions, or qualifications of the members of boards, Committees or Commissions within the City, nor Shall it apply to the library board of Trustees which are is governed by provisions of the California Education Code, Section 18910 et seq., relevant California case Law, and the provisions of Chapter 2.60 of the Colton Municipal Code.
2.30.020 – Composition of Boards, Commissions and Committees.
Except as otherwise provided by this code, Aall boards, Commissions and Committees of the City Shall be comprised of seven five members appointed nominated on the recommendation of each Councilmember and the Mayor, and ratified appointed by a majority vote of the City Council.
Notwithstanding the process for appointment of boards, Commissions and Committees contained in this section and the manner of appointment contained in section 2.30.030, the process for appointments to indep endent citizens oversight committees shall be at the discretion of the City Council or as described in a ballot measure approved by the voters.
2.30.030 - Manner of appointment.
It Shall be the responsibility of each member of the City Council to nominate one individual to serve on each of the various City boards, Commissions and Committees within the City with appointment subject to ratification by a majority vote of the City Council. In the event that a member of the City Council Shall fail to make any nomination within thirty sixty Days of the date of his or her being sworn into office or within sixty Days of the occurrence of a Vacancy, any other member of the City Council wishing to nominate a Person to that position May do so on that Councilmember’s behalf and, except as provided herein, for that Council member’s District, with appointment subject to ratification by majority vote of the City Council. The City Clerk Shall post and publish a Notice to all interested Persons indicating open or Vacant board, Commission and Committee positions not earlier than twenty days before or not later than twenty days after the vacancy occurs. The City Council shall not make a Ffinal vacancy appointment to a board, Commission or Committee shall not be made for until at least ten working days after the posting of the notice of the vacancy in the City Clerk's office.
Notwithstanding this section, the City Council may, if it finds that an emergency exists, fill an unscheduled vacancy immediately. A person appointed to fill the vacancy shall serve
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3 only on an acting basis until the final appointment is made pursuant to this section. No individual Shall serve on more than one board, Commission or Committee. Although each member of the City Council elected by a District Shall Use his or her best efforts to nominate appoint individuals residing in that District to boards, Commissions and Committees, such members of the City Council May nominate and the City Council may, in their discretion, appoint individuals not residing in the ir such members’ respective Districts in their discretion in order to assure that the most interested and qualified individuals serve on the various boards, Committees and Commis sions within the City.
Individuals nominated by the Mayor to serve on a board, Commission or Committee Shall represent the City at large on that board, Commission or Committee, and May reside anywhere in the City.
2.30.040 – Terms of office for Board, Commissioner and Committee Members.
All persons appointed to a City board, Commission or Committee shall serve a term that is concurrent and coterminous with the electoral term of the City Councilmember or Mayor who appoints nominates such individual to the board, Commission or Committee (or the electoral term of a Councilmember on whose behalf another Councilmember makes such nomination pursuant to Section 2.30.030). As more specifically provided in section
2.30.075, following a regular City Council election, board members, Commissioners and Committee members shall continue to serve on their respective boards, Commissions and Committees until their successors have been appointed by the City Council.
2.30.050 – [Reserved]
2.30.060 – Qualifications and eligibility for appointment to Board, Commission or Committee.
A. Except as otherwise specified in this code, any Resident of the City may be appointed to serve on any board, Commission or Committee, but no individual may serve concurrently on more than one City board, Commission or Committee.
B. No former elected official of the City is eligible for appointment to any board, Commission or Committee for two years following the expiration of the term of his or her elected office.
C. No current employee of the City is eligible for appointment to any board, Commission or Committee. If a current board member, Commissioner or Committee Member shall become employed with the City during his or her term, the board member, Commissioner or Committee Member shall be deemed to have vacated his or her office.
D. No person related to a member of the current City Council is eligible for appointment to any board, Commission or Committee. If a current board member, Commissioner or Committee Member shall become related to a member of the City Council during his or her term, the board member, Commissioner or Committee Member shall be deemed to have vacated his or her office. The term "related to" includes a spouse, domestic partner, child, sibling, parent, grandparent, grandchild, aunt/uncle, and
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4 niece/nephew. The relationship may be by blood, marriage, adoption, cohabitation, or domestic partnership, including in-law, step-, and half-relationships.
E. A person who is not a resident of the City shall nevertheless be eligible for appointment to any board, Commission or Committee if that person owns a business within the City. Such appointments shall be limited to two members per board, Commission or Committee. The attend ance of board members, Commissioners or Committee members appointed in accordance with this section shall count when determining whether or not a quorum exists.
2.30.065 – Vacancies.
Every member of any board, Commission or Committee within the City Shall be expected to regularly attend and participate in meetings of the body to which he or she is appointed and to report to the staff liaison for that body any absence and the reasons for such absence except for special circumstances. In the event that a mem ber Shall be absent from three consecutive regular meetings or is absent from four regular meetings in any twelve-month period; or upon the resignation of a member of a board or Commission or Committee, a Vacancy Shall be deemed to exist. Vacancies Shall be filled in the same manner as that set forth in Section 2.30.030.
2.30.070 – Service at pleasure of the City Council/Removal.
Notwithstanding the provisions of Section 2.30.050, e Every member of a City board, Commission or Committee Shall serve in that position strictly at the pleasure of the City Council and of the City Councilmember or Mayor having made said appointment nomination. Board, Commission or Committee members may be removed by the nominating Mayor or City Councilmember or by majority vote of the City Council.
2.30.075 – Installation of new members Following City Election.
Following a regular City Council Election, all existing boards, Commissions and Committees, and the officers of those boards, Commissions and Committees, Shall remain in place until new members have been appointed by the City Council. The City Council Shall Act within thirty Days of the date on which new City Council members are sworn into office of nomination to appoint new or continuing members of boards, Commissions and Committees. Such newly appointed members Shall take office at the next regular meeting Following their appointment at which time existing members who have been duly replaced Shall step down. and new or continuing At its next regular meeting, the board, Commission or Committee shall elect, by majority vote, officers Shall be elected to serve at the pleasure of the board, Commission or Committee.
Following the November 8, 2022 regular City Council Election, all existing boards, Commissions and Committees shall remain in place with seven members and may continue to transact those items of business within their jurisdiction, until five new members have been appointed by the newly elected City Council.”
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5 SECTION 2. Effective Date. This Ordinance shall take effect thirty (30) days after its adoption.
SECTION 3. Severability. If any section , sentence, clause or phrase of this ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining provisions of this ordinance. The City Council hereby declare s that they would have adopted this ordinance and each section, sentence, clause or phrase thereof, irrespective of the fact that any one or more section, subsections, sentences, clauses or phrases be declared invalid or unconstitutional.
SECTION 4. Certification/Summary. Following the City Clerk’s certification of this Ordinance, the Mayor shall sign this Ordinance and the City Clerk shall cause the same to be entered in the book of original ordinances of said City; and shall cause the same, or a summary thereof, to be published as required by law.
PASSED, APPROVED and ADOPTED this 1st day of November, 2022.
_____________________________
Frank Navarro, Mayor
ATTEST:
___________________________________
Carolina R. Padilla, City Clerk
APPROVED AS TO FORM:
______________________
Carlos Campos, City Attorney
Best Best & Krieger
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