Item 26 - Resolution No. 2023-45 Commisions and Committees — Yucaipa City Council, September 25, 2023

Agenda Item No.

CITY OF YUCAIPA

AGENDA REPORT
TO: Honorable Mayor and City Council
FROM: Ana V. Sauseda, Director of General Services/City C1erk,K//,!7 FOR: City Council Meeting of September 25, 2023
SUBJECT: Adoption of Resolution No. 2023-46, Approving the Following General Rules and Procedures for the Conduct of Commissions and Committees in the City of Yucaipa and Re -Establishing City Council Committees, Committee Functions, and Setting Committee Meeting Dates and Times; and Introduction and First Reading of Ordinance No. 436, An Ordinance of the City of Yucaipa, California, Amending the Yucaipa Municipal Code to Repeal Chapter 2.12 — Park and Recreation Commission
RECOMMENDATION:

That the City Council:

1. Adopt Resolution No. 2023-46, Approving the Following General Rules and Procedures for the Conduct of Commissions and Committees in the City of Yucaipa and Re - Establishing City Council Committees, Committee Functions, and Setting Committee Meeting Dates and Times; and

2. Waive Full Reading and Introduce by Title Only Ordinance No. 436, An Ordinance of the City of Yucaipa, California, Amending the Yucaipa Municipal Code to Repeal Chapter 2.12 — Park and Recreation Commission.

DISCUSSION:

Annually, the City Council reviews current memberships on various Council committees, regional organizations, and ad -hoc committees and makes adjustments as appropriate. The most recent review of all memberships took place on December 12, 2022.

On August 1, 2023, City staff met with the City Manager to discuss the various standing and ad - hoc committees. Under the current structure the City has 10 standing committees and 9 ad -hoc committees. After discussing each committee, their purpose, and the frequency of their meetings, staff recommends a revision to the committee roster which includes: the addition of a standing committee, the addition of an ad -hoc committee, changing certain committees from standing to ad -hoc committees, and the dissolution of certain committees which are no longer in use. Staff is also recommending that the City Council review the duties of the Park and Recreation Commission and find that their functions are consistent with that of a committee and not a commission.

Addition of a Standing Committee:
➢ Mobile Home Park Committee - The goal of the Mobile Home Park Committee is to help improve the quality of life in mobile home parks and to review and provide an open exchange of information on matters concerning mobile home parks in the City of Yucaipa.

The Committee shall consist of five (5) Yucaipa Mobilehome Park Residents under Rent Control and Two (2) Yucaipa Mobilehome Park Owners or Owner Representatives.

Addition of an Ad -Hoc Committee:
➢ Community Activity Grant Application Review Ad -Hoc Committee — The goal of the Community Activity Grant Application Review Ad -Hoc Committee is to review and consider applications submitted by local non -profits requesting financial and/or in -kind support to continue on -going services, proposing new services and/or proposing small to large scale special events that meet the established guidelines, and present the recommendations to the entire City Council for approval.

The committee shall consist of Two (2) members of the City Council.

Standing Committees which should be Ad -Hoc Committees:
➢ Casa Blanca House Advisory Committee
➢ Five Winds Ranch Improvement Advisory Committee
Public Finance Authority Board (EIFD)
➢ Solid Waste Committee
Dissolution of Committees/Ad-Hoc Committees:
➢ Public Arts Committee
➢ CHC Ad -Hoc Committee
➢ City of Calimesa Ad -Hoc Council Committee
➢ Yucaipa/Calimesa JUSD Ad -Hoc Council Committee
➢ Yucaipa Valley Water District and General Water Issues Council Committee ➢ Yucaipa Homelessness Ad -Hoc Committee
➢ Yucaipa Performing Arts Center (YPAC) Entertainment Committee Resolution No. 2023-46 repeals all former resolutions establishing and/or amending the above - named committees.

FISCAL IMAPCT:

There is no fiscal impact.

Attachment:

1. Resolution No. 2023-46

2. Ordinance No. 436
Approved By:

ATTACHMENT 1

RESOLUTION NO. 2023-46

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF YUCAIPA,

CALIFORNIA, ADOPTING THE FOLLOWING GENERAL RULES AND

PROCEDURES FOR THE CONDUCT OF COMMISSIONS AND

COMMITTEES IN THE CITY OF YUCAIPA AND RE-ESTABLISHING

CITY COUNCIL COMMITTEES, COMMITTEE FUNCTIONS, AND

SETTING COMMITTEE MEETING DATES AND TIMES
WHEREAS, advisory bodies are instrumental in advising, representing diverse voices, and contributing to informed decision -making in the City of Yucaipa; and WHEREAS, ensuring clear and consistent rules for the establishment and appointment of Commissions and Committees is fundamental to promoting public confidence in the decision - making process; and
WHEREAS, the City Council believes it is within the public interest to establish guidelines for the Commissions and Committees; and
WHEREAS, these regulations aim to enhance transparency, inclusivity, and community participation, fostering trust, accountability, and collaboration in local government; and WHEREAS, reviewing the list of City Council Committees and Committee functions on a regular basis is necessary in order to ensure consistency and relevancy; and WHEREAS, the City wishes to update the list of City Council Committee, their functions, and meeting dates and times.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF YUCAIPA HEREBY FINDS, DETERMINES, ORDERS, AND RESOLVES AS FOLLOWS:

Section 1. The findings above are true and correct and incorporated herein by this reference.

Section 2. The City Council hereby adopts the General Rules and Procedures for the Conduct of Commissions and Committees of the City of Yucaipa attached hereto as Exhibit "A".

Section 3. The City Council hereby adopts the list of Commissions & Committees, Committee functions, and meeting times, attached hereto as Exhibit `B." Section 4. The following City Council Ad -Hoc Committees are hereby disbanded: Public Arts Committee, CHC Ad -Hoc Committee, City of Calimesa Ad -Hoc Council Committee, Yucaipa/Calimesa JUSD Ad -Hoc Council Committee, Yucaipa Valley Water District and General Water Issues Council Committee, Yucaipa Homelessness Ad -Hoc Committee, and the Yucaipa Performing Arts Center (YPAC) Entertainment Committee.

Section 5. The following City Council Ad -Hoc Committees shall continue to exist: Casa Blanca House Advisory Ad -Hoc Committee, Five Winds Ranch Improvement Ad -Hoc Committee, Library Ad -Hoc Committee, and Solid Waste Ad -Hoc Committee. There is also created a Community Activity Grant Application Review Ad -Hoc Committee which shall review and consider applications submitted by local non -profits requesting financial and/or in -kind support to continue on -going services, proposing new services and/or proposing small to large scale special events that meet the established guidelines, and present the recommendations to the entire City Council for approval.

Section 6. The City Manager is hereby authorized to amend the meeting dates and times as necessary.

Section 7. The City Council hereby rescinds and repeals any prior resolution in conflict with this resolution.

PASSED, APPROVED, and ADOPTED this 25th day of September, 2023.

Justin Beaver, Mayor
ATTEST:

Ana V. Sauseda, CMC
Director of General Services/City Clerk

Exhibit "A"

GENERAL RULES AND PROCEDURES FOR THE CONDUCT OF

COMMISSIONS AND COMMITTEES IN THE CITY OF YUCAIPA
ARTICLE I — Purpose.

These regulations shall promote transparency, inclusivity, efficiency, and effectiveness in the decision -making processes and establish standard rules and procedures for all commissions, committees, and citizen advisory committees established by the City Council except as otherwise provided by ordinance or resolution.

ARTICLE II — Membership.

Except as otherwise provided by ordinance or resolution:

Section 1. Each member of the City Council may nominate one (1) person for membership on any commission or committee established by the City Council. Members shall be appointed by a majority vote of the City Council.

Section 2. Every Member appointed to a commission or committee must be a City of Yucaipa resident for at least one year immediately prior to the individual's appointment. If, during a Member's term in office, such Member moves their residence outside the city limits, their office shall immediately become vacant. The Member must notify in writing the City Clerk within ten (10) days of such event.

Section 3. Each Member of a commission or committee shall serve without compensation unless otherwise provided by ordinance or resolution adopted by the City Council.

ARTICLE III — Term of office.

Section 1. Each Member appointed by the City Council shall serve a term of two years, except as otherwise provided by ordinance or resolution. Even with the expiration of a term, each Member shall serve until their successor is duly qualified and appointed. Members serve at the pleasure of the City Council and may be removed at any time by a vote of the City Council.

Section 2. Unless otherwise prohibited or regulated by law, all Members of commissions and committees shall serve for the term designated in this article unless sooner terminated at the will and pleasure of the City Council.

ARTICLE IV — The Members.

Section 1. Every commission and committee shall elect a Chairperson and a Vice -Chairperson from among its Members. Each shall serve a term of one year until a successor is appointed and takes office. The staff person assigned, if any, to the commission or committee shall serve as a non -voting Secretary. If no staff person is assigned, then the commission or committee shall appoint one of its members to serve as Secretary.

A. The Chairperson. In collaboration with the Secretary, and subject to the preparation of items for the agenda, the Chairperson will schedule dates and times for meetings on matters within the jurisdiction of the commission or committee, ensuring that agendas are created, circulated, and duly posted in compliance with the Brown Act and local regulations. The Chairperson will officiate and conduct meetings, serving as the parliamentarian, providing leadership, and ensuring that Members are aware of their obligations and that the commission, or committee complies with its responsibilities. The Chairperson will ensure there is sufficient time during the meeting to discuss only the agenda items professionally.

The Chairperson will discharge the following functions:

1. Facilitate communications between the public, staff, and the commission or committee in a manner that is consistent with this procedure.

2. Be accessible and to serve as a resource to other Members in resolving issues which may arise.

3. As time permits, and as need arises, attend the portion of meetings that relate to common interests of the Council and the commission or committee.

B. The Secretary. Appointed by the City Manager to staff the commission or committee meetings, the Secretary shall attend all commission and committee meetings. In collaboration with the Chairperson, the Secretary shall establish the agenda, which shall be finalized, furnished to the City Clerk, and posted in compliance with the Brown Act. The Secretary shall ensure that adequate records are maintained reflecting every determination, finding, and action by the commission or committee, consistent with City guidelines and state law. Either the Secretary or the City Attorney, which may be assigned to staff the Commission and Committee, may be called upon by the Chairperson to be a resource on items involving parliamentary process and procedure.

Section 2. Upon taking office and throughout their time of service, each Member appointed by the City Council shall reflect the following public service values at all times:

A. Each Member will strive to act fairly and respectfully when reviewing and considering items presented and making decisions based on the merits of the issues, honoring the City's obligations imposed by law, and honoring the public's expectation that decision -makers will be fair and impartial treating all people and projects equitably.

B. Each Member will exhibit compassion, conveying the City's care for and commitment to its community members and the needs of the public, officials, and staff.

C. Each Member will treat fellow officials, staff, and the public with courtesy, even when disagreeing, and focus on the merits in discussions, not personalities, character, or motivations, and comply with the rules of decorum and behavior guidelines contained in this section.

D. Each Member will responsibly discharge their role, attending all scheduled meetings in adherence to the Article VIII, reviewing materials and not disclosing confidential information, and representing the City's official positions to the best of the Member's ability when authorized to do so while refraining from taking any action that might appear to compromise the Member's independent judgment. In taking responsibility for the Member's own actions, the Member will not use information acquired in the Member's

public capacity for personal advantage and will not represent a third party's interests to the City.

E. Each Member will exercise the functions of the appointed office with integrity, remaining truthful with fellow Members, the public, and others, and be prepared to make unpopular decisions to further the public's interest and disclose instances of wrongdoing to the appropriate authorities.

F. Each Member will be mindful of their obligation as a public official to serve the whole community, keep the public trust, and promote the efficient use of the City's resources.

G. Each Member will strive to collaborate with City staff and each other, recognizing that staff and Members are on the same 'team' as who are part of the same City organization.

H. Each Member will be mindful of and promote the City's interests as articulated in the City Council's adopted goals, general plan, resolutions, and ordinances. Achieving the public's benefit as expressed therein shall guide the Member's actions above their individual interests or the interests of special interest groups.

I. If authorized by the commission or committee to speak to the City Council on its behalf, the Member shall strive to fairly represent the stance and views of the entire commission or committee on the item being discussed.

J. Failure to follow any of the above items established in this section may be grounds for removal upon request by an affirmative vote of a majority of the City Council.

ARTICLE V — Agenda items.

Section 1. All items placed on the agenda shall be within the jurisdiction of the commission or committee.

Section 2. The Secretary will be responsible for the preparation of meeting agendas. The written agenda shall be published and posted, and no action or discussion shall take place on any item not appearing on the posted agenda except as permitted by the terms and provisions of The Brown Act.

Section 3. In addition to items placed on the agenda by the secretary, any commission or committee Member may propose that an item be placed on a future agenda. The Member's proposal shall be included on the agenda first for discussion and evaluation by the commission or committee. The criteria for including an item on the agenda for future consideration shall be:

A. Whether the item is within the jurisdiction of the commission or committee: and B. Whether the item is part of the approved commission or committee work plan; and C. Whether sufficient staffing and resources are available to ready the item for action on the requested future date.

Section 4. If all the above criteria are satisfied and the commission or committee agrees by a majority vote that the proposed item should be discussed for a future date, the Secretary of that commission or committee shall place the item on an appropriate future agenda of the commission or committee.

ARTICLE VI — Meetings and Quorum.

Section 1. Each commission or committee shall fix the time and place of its regular meetings and may hold special meetings as prescribed by California state law. Each commission or committee shall hold regular meetings at least once each quarter except as otherwise provided by ordinance or resolution. The City Manager is authorized to amend the meeting dates and times as necessary.

Section 2. A majority of the voting members of the commission or committees appointed constitutes a quorum. An affirmative vote of at least a majority present is required to take official action. Any question on which the vote is tied is lost, provided that the presiding officer or any member may request the item be carried over to the next regular meeting at which a full commission or committee will be present.

ARTICLE VII — Organization
Section 1. Each commission or committee shall use Rosenberg's Rules of Order, and the City Council's own adopted procedures, which shall be the rules of order and procedure for the transaction of business.

Section 2. Notwithstanding the above, rulemaking and appellate commissions may propose more specific rules of order and procedure, which shall be reviewed by the City Attorney and approved by the City Council before use.

ARTICLE VIII — Attendance Policy
Section 1. Members appointed by the City Council to serve on a City commission or committee are expected to attend each regular or special meeting of that commission or committee.

Section 2. For purposes of this policy, an excused absence is any absence with notification given to the Chairperson and staff at least twenty-four (24) hours before the meeting.

Section 3. A Member may have a maximum of three (3) excused absences per twelve (12) months.

On the third excused absence, the City Clerk shall send a warning letter to the Member, including a copy of this policy. If a Member has more than three (3) excused absences in a twelve (12) month period, the procedure in Section 5 of this Article below shall commence.

Section 4. An unexcused absence is any other absence. A Member may have a maximum of two (2) unexcused absences in twelve months. On the second unexcused absence, the City Clerk shall send a warning letter to the member. If a member has more than two (2) unexcused absences in twelve months, the procedure in Section 5 of this Article below shall commence.

Section 5. If a subsequent absence under Section 3 and 4 of this Article above occurs in the twelve (12) month period, the City Clerk shall send a letter to the member putting them on notice that they are in violation of the attendance policy and requiring a response within seven days and whether they wish to continue on the commission or committee or resign.

Section 6. The Member may respond to the City Clerk and provide a reasonable explanation for the absences, allowing the Member to continue serving unless there is a subsequent absence.

However, if the Member either does not respond to the City Clerk's letter with an explanation of the absences, does not resign, or incurs an additional absence during the twelve (12) month period (whether excused or not), the Member will be deemed to have resigned. The City Manager shall issue a letter to the Member notifying them that they are in violation of this policy, have yet to respond to the inquiry, or have exceeded the number of absences allowed under this policy and, therefore, have resigned their position. Upon issuance of the letter, the appointment shall be deemed vacant.

ARTICLE IX — Vacancies.

If a vacancy occurs other than by expiration of a term, the City Council shall appoint a Member to serve for the unexpired portion of the term in the same manner as the original appointment.

ARTICLE X — Removal from office.

Section 1. The term of a Member shall automatically expire in the event of the Member's death or resignation, or no longer meets the requirements as outlined in Section 2 of Article II.

Section 2. An affirmative vote of the City Council may remove any Member.

Exhibit "B"

AD -HOC COMMITTEES
The following ad -hoc committees will meet on an as -needed basis:
• Casa Blanca House Advisory Ad -Hoc Committee
• Community Activity Grant Application Review Ad -Hoc Committee • Five Winds Ranch Improvement Advisory Ad -Hoc Committee • Library Ad -Hoc Committee
• Solid Waste Ad -Hoc Committee
• Public Safety Ad -Hoc Committee
• Yucaipa Valley Chamber of Commerce Ad -Hoc Committee

CITIZEN ADVISORY COMMITTEES

ECONOMIC DEVELOPMENT ADVISORY COMMITTEE (EDAC)
GOAL: The goal EDAC shall advise the City Council in order to meet the following objectives:
• Develop economic and tourism opportunities to aid the growth and progress of Yucaipa as a desired place to live and to do business; • Support the growth of a variety of industries to encourage a sustainable business environment;
• Work with the City to ensure an "Open for Business" culture; • Review and/or participate in the development of policies, programs, and initiatives related to economic development;
• Support and develop economic and tourism opportunities to encourage sustainability and prosperity within the community;
• Actively assist the City in fostering and promoting a positive community image and a healthy business environment for existing and prospective businesses; and
• Undertake other assignments as may be requested by Council, as it relates to the overall purpose of the committee.

MEMBERS: The committee shall consist of ten (10) members.

Committee members shall either be residents, property owners, or business owners of the City of Yucaipa, California. The Committee consists of one (1) member representing each of the following organizations/categories: Chamber of Commerce, Board of Realtors, Crafton Hills College, Yucaipa-Calimesa Joint Unified School District, Financial Institution, Local Developer, Uptown Business District, two (2) At -Large members who must own or represent a business located in Yucaipa and must not represent a business from one of the above mentioned organizations/categories, and one (1) non -voting Councilmember.

TERM: Each Committee member's term (at -large Councilmember appointments) shall run consistent with the general municipal election and shall be for two (2) years from January 1 to January 1.

MEETINGS: The EDAC Committee shall meet on a quarterly basis.

HEALTHY YUCAIPA COMMITTEE
GOAL: The goal of the Healthy Yucaipa Committee is to promote community health and improve the quality of life for Yucaipa residents. The committee shall act in an advisory capacity to the City Council in policy matters pertaining to the Healthy Yucaipa Committee and assist the Youth advisory Committee in promoting healthy guidelines and choices for youth.

MEMBERS: The committee shall consist of nine (9) members.

Five (5) of which shall be appointed, one (1) by each City Councilmember, with two (2) additional members appointed by the City Council at -large, and two (2) non -voting members of the City Council.
***The Committee shall have the option to recommend a tenth member for appointment by the City Council as a non -voting youth member.