Montebello Municipal Code Ch. 2.30 Advisory Commissions

Footnotes:

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Prior ordinance history: Ords. 2248 and 2295.

A. The city council establishes the following commissions or committees to serve the city, identified as follows and collectively referred herein as the "commissions" or "committees":

1. Civil service commission;

2. Parks and recreation commission;

3. Planning commission;

4. Traffic and safety commission;

5. Youth and Education commission.

B. Nothing in this chapter shall be construed as restricting or curtailing any of the powers of the city council, or as a delegation to the commissions, of any authority or discretionary powers vested and imposed by law in the city council. The city council declares that the public interest, convenience, welfare and necessity require the establishment of the commissions to act in a purely advisory capacity, for the purposes set forth herein this chapter.

(Ord. 2322 § 1 (part), 2008)

(Ord. No. 2428, § 2, 11-18-2020; Ord. No. 2432, § 2, 1-13-2021; Ord. No. 2463, § 2, 3-22-2023)

Editor's note— Ord. No. 2432, § 2, adopted Jan. 13, 2021, changed the title of § 2.30.010 from "Advisory commissions established" to read as set out herein.

Each commission shall be composed of five members or "commissioners" as used herein.

(Ord. 2322 § 1 (part), 2008)

A. Each city council member has the power to appoint one member to each of the commissions, except for the youth and education commission where each city council member has the power to appoint one commissioner and one alternate.

B. Each commissioner, and alternate where applicable, shall serve at the pleasure of that city councilmember and shall be removed in the same manner as he or she is appointed.

(Ord. 2322 § 1 (part), 2008)

(Ord. No. 2414, § 2, 3-27-2019)

A. Except as set forth herein, an individual shall be eligible for appointment to a commission as long as he or she has been a resident and registered voter of the city for at least one year prior to the time of his or her appointment, and remains a resident and registered voter at all times during his or her term.

B. Individuals wishing to be considered for an appointment to a commission must submit a completed application form to the city clerk no later than two weeks prior to council consideration of said appointment. Applications received after that date will be filed for consideration the next time appointments are scheduled for city council action.

C. In addition, with respect to the youth and education commission, all members shall be between the ages of fourteen and nineteen at the time of appointment. Each member of the youth and education commission shall be in good academic standing with their respective schools, as defined by each school, and submit two letters of recommendations as a requirement of the application process.

D. Employees of the city of Montebello are not eligible to serve on any commission.

(Ord. 2322 § 1 (part), 2008)

(Ord. No. 2345, § 1, 8-24-2011)

The term of office of members of a commission shall be for a period of four years. The member shall serve for the duration of his or her term, unless: (1) the appointing councilmember vacates office for any reason prior to the expiration of the appointed commissioner's four-year term, at which point the commissioner's term shall immediately expire; or (2) the commissioner is removed pursuant to Section 2.30.030. No person shall sit on a commission after the expiration of his or her term.

(Ord. 2322 § 1 (part), 2008)

(Ord. No. 2345, § 2, 8-24-2011)

The city council shall fill any vacancy, whether created by death, disability, ineligibility, non-attendance or otherwise, within thirty days of the occurrence of the vacancy. The appointment shall only be for the remainder of the term being vacated.

(Ord. 2322 § 1 (part), 2008)

Members of a commission shall be entitled to such compensation as determined by the city council by resolution. Commissioners will only be compensated for meetings attended.

(Ord. 2322 § 1 (part), 2008)

(Ord. No. 2428, § 2, 11-18-2020)

A. Each of the commissions shall hold regular meetings, at least once per calendar month, at a day and time approved by resolution of the commission. The youth commission shall meet quarterly.

B. Meetings shall be held at city hall located at 1600 W. Beverly Boulevard, Montebello, California or at another location allowed by law.

C. All meetings, including adjourned meetings and special meetings, shall be held in the manner provided for in the Ralph M. Brown Act, as set forth in California Government Code Section 54950 et seq., and as may be amended from time to time.

(Ord. 2322 § 1 (part), 2008)

(Ord. No. 2428, § 2, 11-18-2020)

A. If a member of a commission is absent, without cause, from three consecutive regular meetings of the commission, or from a total of six regular meetings of the commission during a calendar year, the position of such member shall be deemed to be vacant. The commission chairperson shall immediately inform, in writing, the city clerk of such a vacancy.

B. An absence due to illness, an unavoidable absence from the city, or provided that written notice thereof is given to the commission chairperson in advance of such regular meeting, shall be deemed an excusable absence or absence with cause.

(Ord. 2322 § 1 (part), 2008)

Each July, the commission shall select one of its members to serve as chairperson and one of its members to serve as vice-chairperson. The chairperson and the vice-chairperson shall serve in those positions for a period of one year. The chairperson shall preside over commission meetings. If the chairperson is absent, the vice-chairperson shall preside over the meetings.

(Ord. 2322 § 1 (part), 2008)

The majority of the members of a commission shall constitute a quorum for the transaction of business. Each commission may adopt rules for the transaction of business but, unless so adopted, the procedures set forth in the current edition of Robert's Rules of Order shall prevail. There shall be an accurate and detailed record of all proceedings, findings, determinations, resolutions and transactions of each commission, which record shall be a public record and filed with the city clerk immediately upon their approval. Minutes from a regular meeting shall be submitted to the respective commission for review and approval at the next regularly scheduled meeting and shall contain sufficient detail to enable the city council to ascertain what transpired at said meeting. Each of the commissions shall be supported by staff designated by the city council or the city manager.

(Ord. 2322 § 1 (part), 2008)

The parks and recreation commission shall advise the city council on matters relating to parks, recreation, golf, human services and the fostering and stimulation of the general arts and cultural development of the city of Montebello. The parks and recreation commission shall perform the following duties:

A. Advise the city council regarding activities oriented toward recreational activities that pertain to the standard leisure needs of people of all ages, and such programs and services that would provide special programs and resources basic to the life needs of residents.

B. The commission shall be afforded the opportunity to review all capital improvement projects relating to parks, recreation and human services, so as to provide input to the city council.

C. Make recommendations to the city council regarding various arts and cultural programs. Such programs shall include topics relating to fine arts and applied arts; music, drama, dance, city history, civic beautification, cultural heritage and literature. As part of this duty, the commission may: (1) conduct studies and prepare reports for the city council regarding programs designed to further arts and culture for citizens residing within the community; (2) initiate and formulate plans of worthwhile arts and cultural programs or projects; (3) coordinate and partner with various arts and cultural groups to develop programs, projects or activities within the community; and (4) publicize and disseminate information regarding forthcoming arts and cultural programs, projects, activities or events.

D. Advise the city council and the recreation and community services department on matters relating to the use, maintenance, improvement, promotion and operations of the municipal golf course, as well as to agreements involving or relating to the municipal golf course, and promote the marketing and use of the golf course as a recreation facility and income source for the city of Montebello. Two members of the parks and recreation commission shall be selected to serve on a separate golf sub-committee.

E. From time to time, other duties may be directed by the city council.

(Ord. 2322 § 1 (part), 2008)

(Ord. No. 2428, § 2, 11-18-2020)

Editor's note— Ord. No. 2428, § 2, adopted Nov. 18, 2020, changed the title of § 2.30.120 from "Duties—Culture and recreation commission" to read as set out herein.

The powers and duties of the civil service commission shall be:

A. Pursuant to the rules set forth in Chapter 2.60 herein, to hear appeals submitted by any person in the classified service relative to any disciplinary action, dismissal, demotion or alleged violation of Chapter 2.60 or the civil service rules, and to certify its finding and recommendations.

B. In any investigation or hearing conducted by the commission, it shall have the power to examine witnesses under oath and compel their attendance or production of evidence by subpoenas issued in the name of the city and attested by the city clerk. It shall be the duty of the police chief to cause all such subpoenas to be served, and refusal of a person to attend or to testify in answer to such subpoena shall subject the person to prosecution in the same manner as 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 commission shall have the power to administer oaths to witnesses. The commission shall afford every witness the opportunity to be heard.

C. To publish or post notices of tests for positions in the classified service: to receive application therefore; to conduct and grade tests (this duty and function may be contracted as provided in Section 2.60.280 of this title); to certify to the appointing authority a list of all persons eligible for appointment in the appropriate position in the classified service. The commission shall cause the duties imposed upon it by this subsection to be performed by the personnel office for the commission. In the performance of such duties so delegated by the provisions of this subsection, the personnel officer shall be subject to the direction and control of the civil service commission.

D. When required by the city council, the commission shall hold hearings and make recommendations on any matter of personnel administration, within the limits of such request.

E. To advise the city council on all matters and problems concerning personnel administration.

F. From time to time other duties may be directed by the city council.

(Ord. 2322 § 1 (part), 2008)

(Ord. No. 2428, § 2, 11-18-2020; Ord. No. 2463, § 2, 3-22-2023)

Editor's note— Ord. No. 2428, § 2, adopted Nov. 18, 2020, repealed § 2.30.140, which pertained to duties—golf course commission and derived from Ord. 2322, § 1 (part), 2008.

Editor's note— Ord. No. 2428, § 2, adopted Nov. 18, 2020, repealed § 2.30.150, which pertained to duties—planning commission and derived from Ord. 2322, § 1 (part), 2008.

Editor's note— Ord. No. 2428, § 2, adopted Nov. 18, 2020, repealed § 2.30.160, which pertained to duties—traffic and safety commission and derived from Ord. 2322, § 1 (part), 2008.

The youth and education commission shall advise the city council on matters relating specifically to youth. This includes activities oriented toward educational, recreational and civic programs, and those activities that pertain to life issues, thus addressing the educational and leisure needs, creating awareness and improving quality of life for our youth. The duties of the commission shall also include the identification and publication of educational opportunities for youth and the development of youth leadership. In addition, the commission shall perform such other duties as may from time to time be directed by the city council.

(Ord. 2322 § 1 (part), 2008)

A. Any person aggrieved by the decision of the traffic and safety commission may, not later than fifteen calendar days following the rendering of the decision of the commission, file a written letter of appeal with the city clerk, setting forth the reasons for appealing the decision of the commission to the city council, and paying the requisite fee for the appeal as set forth by the city council by resolution. In addition, the city council, may upon motion, determine to review the decision of the traffic and safety commission in the same manner as if an appeal had been filed by a person aggrieved by such decision.

B. Upon notification by the clerk of such appeal, the secretary of the traffic and safety commission (determined as the city engineer or his or her designee) shall transmit to the clerk the respective commission file relating to the matter appealed. The clerk shall place the matter on the council's agenda as soon as possible thereafter, and shall give appellant, and any other interested person requesting such notice, ten days written notice of the time and place of such hearing. The city council shall, at the time of such hearing, review the matter and shall affirm, modify or reverse the decision of the traffic and safety commission. The determination of the city council shall be final and conclusive.

C. Neither the traffic and safety commission nor the city council shall be required to hold formal noticed public hearings upon matters on appeal. The city council shall hear all relevant evidence offered by any interested person, and shall consider the files and staff report for purposes of the appeal.

(Ord. 2322 § 1 (part), 2008)