Walnut Municipal Code Ch. 1.08 Administration

A. Location. The principal offices of the agencies, departments, officers and employees of the City, including the Council Chambers of the City Council shall be maintained at Walnut City Hall located at 21201 La Puente Road, Walnut, California with such ancillary offices as may be established from time to time within the City’s jurisdiction.

B. Hours. The City offices shall be open to the public for business from 7:00 a.m. to 6:00 p.m. on all days except Friday, Saturday, Sunday and on holidays as determined and set by resolution of the City Council.

(Ord. 19-08, § 1)

Any officer or employee of the City collecting or receiving any money belonging to or for the use of the City shall promptly deposit such money in the treasury for the benefit of the funds to which it belongs and thereafter report such deposits to the Director of Finance unless provided otherwise by this code.

(Ord. 19-08, § 1)

No person, unless authorized by the City Clerk, Mayor or City Attorney, shall remove any papers or documents from the City Hall.

(Ord. 19-08, § 1)

A. Council Chamber. The permanent meeting place for the City Council is established as the Council Chamber in Walnut City Hall, located at 21201 La Puente Road, Walnut, California.

B. Alternate Meeting Location. A regular City Council meeting or any adjourned regular, special or emergency City Council meeting noticed in accordance with the Ralph M. Brown Act or other applicable law, may be held at an alternate location within the City limits in the event of a temporary closure of the Council Chamber or if by reason of fire, flood, or other emergency, including anticipated overcrowding of the Council Chamber, it shall be unsafe to meet in the regular Council Chamber. The alternate meeting location may be designated by the Mayor or, in his or her absence, by the Mayor Pro Tem.

C. Schedule for Regular Meetings. Regular meetings of the City Council shall be held on the second and fourth Wednesday of each month at the hour of 7:00 p.m.

D. Order of Business. Promptly at 7:00 p.m. on the night of each regular meeting, the members of the Council, City Manager, City Clerk, City Attorney or other officers shall assemble at their regular stations in the Council Chamber, whereupon the business of the meeting shall be taken up in the order as the City Council may from time to time prescribe by resolution.

E. Discussion Procedure. While discussing any question under consideration by the Council, it shall be the duty of the members thereof to remain seated and address the remarks to the presiding officer and their fellow members. Any remarks or orders to the audience shall be addressed by the presiding officer, or with his or her permission by members of the Council.

F. Unfinished Business. Any matter, the consideration of which has not been completed at any meeting of the Council and which has not been continued to a specific date, shall be listed for consideration at the next regular meeting of the Council under the heading of "unfinished business."

G. Oral Communications. Under the heading of oral communications, all persons may personally, or by their representatives, address the Council in regard to any matters in which the City Council has jurisdiction and authority.

H. Salary and Expenses of Councilmembers. Upon the submission of an itemized account any Councilmember may be reimbursed for his or her actual and necessary expenses incurred in the performance of his or her official duty.

I. Compensation for Services. City Councilmembers shall be compensated for their services in the sum of $300.00 per month each, which said salary shall be a charge against the City and payable as other salaries on the first day of the month and thereafter payable on the first day of each and every month during said term or terms of office. Payment of said compensation shall commence at such time as one or more members of the City Council begins a new term of office following the effective date of the ordinance adopting this section.

J. Robert’s Rules of Order. In all matters and things not otherwise provided for in this section, the proceedings of the Council shall be governed by Robert’s Rules of Order, 1915 revised edition. However, no ordinance, resolution, proceeding or other action of the City Council shall be invalidated, or the legality thereof otherwise affected, by the failure or omission to observe or follow such rules.

K. Dealings with Administrative Services and Subordinates of City Manager. The City Council and its members shall deal with the administrative services of the City only through the City Manager, except for the purpose of inquiry, and neither the City Council nor any members thereof shall give orders to any subordinates of the City Manager.

(Ord. 19-08, § 1)

A. It is hereby found and declared, pursuant to Section 33101 of the Community Redevelopment Law, that there is a need for the redevelopment agency created by Section 33100 of said law to function in the City of Walnut. Said agency is hereby authorized to transact business and exercise its powers under the Community Redevelopment Law, and shall be known as "Walnut Redevelopment Agency."

B. Pursuant to Section 33200 of the Community Redevelopment Law, the City Council does hereby declare itself to be the agency, and all the rights, powers, duties, privileges and immunities, vested by law in a redevelopment agency, shall be vested in the City Council, except as otherwise provided by law.

C. The City Council, by declaring itself the redevelopment agency, will serve the public interest and promote the public safety and welfare in a very effective manner.

D. On June 28, 2011, Assembly Bill 26 from the 2011-2012 First Extraordinary Session of the California Legislature was enacted as a bill related to the 2011 Budget Act which, as modified by the California Supreme Court Decision in California Redevelopment Association v. Matosantos (2011) 53 Cal.4th 231, dissolved all redevelopment agencies in California on February 1, 2012 and on June 27, 2012, Assembly Bill 1484 from the 2011-2012 Regular Session of the California Legislature was enacted as a bill related to the 2011 Budget Act and amended ABx1 26. ABx1 26 and AB 1484, as amended, are collectively referred to as the "Dissolution Act." Pursuant to Health and Safety Code Section 34173, as included in the Dissolution Act, the City Council elected to become the successor agency to the dissolved Walnut Redevelopment Agency (Walnut Improvement Agency) and pursuant to Health and Safety Code 34171, the successor agency assumed, on February 1, 2012, all authority, rights, powers, duties, and obligations previously vested to the Redevelopment Agency (Improvement Agency), except for those that were repealed, restricted, or revised pursuant to Part 1.85 of Division 24 of the Health and Safety Code.

(Ord. 19-08, § 1)

Pursuant to Elections Code Sections 1301 and 10403.5, the day of the general municipal election in the City of Walnut shall be the first Tuesday after the first Monday in November of each even-numbered year.

(Ord. 19-08, § 1)

The term limit provides for elected officials to serve three four-year terms whether consecutive or not. The foregoing restrictions apply to appointed terms as well as elected terms; if appointed with less than two years remaining on the term they are appointed for, it shall not count towards one of their three four-year terms.

(Ord. 19-08, § 1)

A. Office Created—Appointment—Term of Office. The office of the City Manager is hereby created and established. The City Manager shall be appointed by the City Council solely on the basis of his or her executive and administrative qualifications and ability, and shall hold office at and during the pleasure of the City Council.

B. Residency Requirements—Eligibility of Councilmembers for Appointment.

1. Residence in the City at the time of appointment shall not be required as a condition of appointment.

2. No person elected to membership on the City Council shall, subsequent to such election, be eligible for appointment as City Manager until one year has elapsed after he or she has ceased to be a member of the City Council.

C. Bond. The City Manager shall furnish a corporate surety bond to be approved by the City Council in such sum as may be approved by the City Council and shall be conditioned on the faithful performance of the duties imposed on the City Manager as prescribed in this section.

D. Acting City Manager. In case of the absence or disability of the City Manager, the City Council may designate some duly qualified person to perform the duties of the City Manager during the period of absence or disability of the City Manager, subject, however, to such person’s furnishing a corporate surety bond and conditioned on faithful performance of the duties required to be performed, as set forth in subsection C of this section.

E. Compensation—Expenses.

1. The City Manager shall receive such compensation as the City Council shall from time to time determine and fix, and the compensation shall be a proper charge against such funds of the City and the City Council shall designate such funds.

2. The City Manager shall be reimbursed for all sums necessarily incurred or paid by him or her in the performance of his or her duties, or incurred when traveling on business pertaining to the City under direction of the City Council. Reimbursement shall only be made, however, when a verified itemized claim, setting forth the sums expended for which reimbursement is requested, has been presented to the City Council, and by the City Council duly approved and allowed.

F. Powers and Duties. The City Manager shall be the administrative head of the City government under the direction and control of the City Council, except as otherwise provided in this code. He or she shall be responsible for the efficient administration of all the affairs of the City which are under his or her control. In addition to his or her general powers as administrative head, and not as a limitation thereon, it shall be his or her duty and he or she shall have the power:

1. To see that the laws of the State pertaining to the City and all laws and ordinances of the City are duly enforced, and that all franchises, permits and privileges granted by the City are faithfully observed.

2. To appoint, promote, discipline, demote and remove the Chief of Police, all heads of departments and all subordinate officers and employees of the City except the City Attorney; to transfer employees from one City department to another; and to consolidate or combine offices, positions, departments or units under his or her jurisdiction.

3. To exercise control over and to supervise in general all City departments and divisions of the City government and all appointive offices and employees thereof except the City Attorney.

4. To attend all meetings of the City Council and its committees unless excused therefrom by the City Council, except when his or her removal is under consideration by the City Council.

5. To recommend to the City Council for adoption such measures and ordinances as he or she deems necessary or expedient.

6. To keep the City Council at all times fully advised as to the financial conditions and needs of the City.

7. To prepare and submit to the City Council the annual budget and to administer it after adoption.

8. To prepare and to recommend to the City Council a salary plan.

9. To purchase or cause to be purchased all supplies for all City departments or divisions of the City. No expenditure shall be submitted or recommended to the City Council except upon report or approval of the City Manager.

10. To make investigations into the affairs of the City and any City department or division thereof, and any contract or the proper performance of any obligation running to the City.

11. To investigate all complaints in relation to matters concerning the administration of the government of the City and in regard to the service maintained by public utilities in the City, and to see that all franchises, permits and privileges granted by the City are faithfully observed.

12. To exercise general supervision over all public buildings, public parks, streets and other public property which are under the control and jurisdiction of the City Council.

13. To devote his or her entire time to the duties and interests of the City.

14. To act as local Director of Civilian Defense.

15. To make reports and recommendations as may be desirable or as requested by the City Council.

16. To serve in any appointed office or head of department within the City government to which he or she may be qualified when appointed thereto by the City Council and to hold and perform the duties thereof at the pleasure of the City Council.

17. To perform such other duties and exercise such other powers as may be delegated to him or her from time to time by ordinance, resolution or minute order of the City Council.

G. Ex Officio Member of Boards and Commissions. The City Manager shall be an ex officio member of all boards and commissions appointed by the Mayor or City Council pursuant to law with a right to participate in all deliberations or actions by his or her voice but without vote.

H. Removal.

1. Generally. The City Council shall appoint the City Manager for an indefinite term and may remove him or her by a three-member vote. At least 30 days before such removal shall become effective the City Council shall by a three-member vote of its members adopt a preliminary resolution stating the reason for his or her removal. By the preliminary resolution the Council may suspend the manager from duty, but shall in any case cause to be paid him or her forthwith any unpaid balance of his or her monthly salary and his or her monthly salary shall continue to be paid for the next one calendar month following adoption of the preliminary resolution. The City Council in removing the City Manager shall use its uncontrolled discretion and its action shall be final and shall not depend upon any particular showing or degree or proof at the hearing the purpose of which is to allow the Manager to present publicly to the Council his or her grounds of opposition to removal prior to its action.

2. After Municipal Election. Notwithstanding the provisions of paragraph 1 of this subsection, the City Manager shall not be removed from office during or within a period of 90 days next succeeding any general municipal election held in the City at which election a member of the City Council is elected. The purpose of this provision is to allow any newly elected member to the City Council or a reorganized City Council to observe the actions and ability of the City Manager in the performance of the powers and duties of his or her office. After the expiration of the 90 days aforementioned the provisions of the preceding paragraph as to the removal of the City Manager shall apply and be effective.

(Ord. 19-08, § 1)

A. City Clerk.

1. Office Created. There is created and established the office of City Clerk for the purposes of Government Code Section 36501. The City Clerk shall be appointed by and serve at the pleasure of the City Manager.

2. Powers and Duties. The City Clerk shall have the power and be required to:

a. Attend all meetings of the City Council, unless excused, and record and maintain a full and true record of all of the proceedings of the City Council in books which shall bear appropriate titles and be devoted to such purposes;

b. Maintain ordinance and resolution books into which shall be recorded all City ordinances and resolutions with the certificate of the City Clerk attached to each stating the same to be the original or a correct copy, giving the number of said ordinance or resolution and, as to an ordinance or resolution requiring publication, stating that the same has been published or posted in accordance with applicable law;

c. Be the custodian of the seal of the City;

d. Certify copies of official records and be the custodian of the records of the City; and

e. Perform such other duties as set forth in this code and as may be prescribed from time to time by the City Manager consistent with this chapter and applicable law.

3. Compensation. The City Clerk shall receive such compensation and expense allowance as the City Manager shall determine subject to all applicable personnel rules and regulations, which may be adopted by the City Council.

4. Bond. The City Clerk upon the entry of office, shall execute a bond to the City in conformity with bonds of public officers, and in conformity with the provisions of the Government Code of the State relating thereto, in the amount of $5,000.00.

B. Director of Finance/City Treasurer.

1. Office Created. There is created and established the office of Director of Finance for the purposes of Government Code Sections 37203, 37205, 37207, 37208, 37209, and 40802 through 40805.5. The Administrative Services Director shall serve as the Director of Finance and shall be appointed by and serve at the pleasure of the City Manager. In addition to the financial and accounting duties as prescribed by the Government Code of the State of California, the Director of Finance shall serve as the City Treasurer and shall fulfill the duties prescribed by Government Code Section 41001 through 41007 and shall have such powers and duties as may be prescribed from time to time by the City Manager.

2. Transfer of Duties. Upon appointment and assumption of office, the Director of Finance shall perform all the financial and accounting duties previously imposed upon the City Clerk, and the City Clerk shall be relieved of such duties, including all such duties imposed upon the City Clerk by Government Code Sections 37201 through 37209 and Sections 40802 through 40805.

3. Compensation. The Director of Finance shall receive such compensation and expense allowance as the City Manager shall determine subject to all applicable personnel rules and regulations, which may be adopted by the City Council.

4. Bond. The Director of Finance/City Treasurer upon the entry of office, shall execute a bond to the City in conformity with bonds of public officers, and in conformity with the provisions of the Government Code of the State relating thereto, in the amount of $5,000.00.

C. Other Officers and Employees.

1. Positions. The City Council shall appoint a City Attorney who shall serve under the direct supervision and control of the City Council as the City’s legal advisor. The City Manager shall appoint heads of departments and all subordinate officers and employees of the City. The services of City Attorney and such other officers as the City Council determines appropriate from time to time, including the City Engineer, may be performed by a private firm pursuant to contract.

2. Assistance to City Manager. It shall be the duty of all City officers and employees, including the City Clerk, the Director of Finance/City Treasurer and the City Attorney, to cooperate with and assist the City Manager in administering the affairs of the City most efficiently, economically and harmoniously so far as may be consistent with their duties as prescribed by law and the ordinances of the City.

(Ord. 19-08, § 1)

A. Planning Commission Created. A Planning Commission for the City is hereby established with membership, powers and duties as provided herein. Unless otherwise provided in Title 6 of this code, the Planning Commission shall serve as the City’s Planning Agency within the meaning of the California Planning and Zoning Laws, Government Code Section 65100 et seq.

B. Planning Commission Powers and Duties. The Planning Commission shall have the powers and duties, except as otherwise provided by law, to:

1. Recommend to the City Council plans for the regulation of the future growth, development and beautification of the City in respect to its public and private buildings and works, streets, parks, grounds and vacant lots.

2. Recommend to the City Council, plans, consistent with the future growth and development of the City, in order to secure sanitation, proper service of all public utilities, shipping and transportation facilities.

3. Make recommendations to the City Council with reference to the location of any proposed buildings, structures or works.

4. Approve, conditionally approve or disapprove tentative maps of proposed subdivisions of land. The City Council hereby designates the Planning Commission as its advisory agency with respect to the design and improvement of proposed subdivisions. Every subdivision map or plat shall, prior to its final approval or disapproval by the City Council, be submitted to the Planning Commission for action thereon.

5. Do such other things as shall be necessary to carry out the provisions of this section and the provisions of the California Planning and Zoning Laws, Subdivision Map Act and other applicable laws of the State, amendments or any act substituted therefor.

6. Perform such other duties as may be requested from time to time by the City Council.

C. Parks and Recreation Commission Created. A Parks and Recreation Commission for the City is hereby established with membership, powers and duties as provided herein.

D. Parks and Recreation Commission Powers and Duties. The Parks and Recreation Commission shall have the powers and duties, except as otherwise provided by law, to:

1. Act in an advisory capacity and be responsible to the City Council in all matters pertaining to public recreation and to cooperate with other governmental agencies and civic groups in the advancement of sound recreation and parks planning and programming.

2. Formulate policies on recreation services for approval by the City Council including, agreements with the board of trustees of the school districts and the City Council for the best possible joint use of recreation and park facilities.

3. Advise the City Council on the problems of administration, development of recreation areas, facilities, programs and improved recreation services.

4. Aid in coordinating the recreation and park services with the programs of other governmental agencies and voluntary organizations.

5. Interpret the policies and functions of the Recreation Department to the public.

6. Consider and recommend on all requests for permanent facilities to be erected on park areas.

7. Aid the City Council in the planning, beautification, maintenance, and development of parks, boulevard and street tree programs and to perform the duties set forth in Section 5.20.100 of the City Code.

8. Perform such other duties as may be requested from time to time by the City Council.

E. Senior Commission Created. A Senior Commission for the City is hereby established with membership, powers and duties as provided herein.

F. Senior Commission Powers and Duties. The Senior Commission shall have the powers and duties, except as otherwise provided by law, to advise the City Council and staff on matters concerning the City’s Senior Citizen’s Center and to act in an advisory capacity to the City Council in all matters pertaining to the City’s senior population.

G. Youth Commission Created. A Youth Commission for the City is hereby established with membership, powers and duties as provided herein.

H. Youth Commission Powers and Duties. The Youth Commission shall have the powers and duties, except as otherwise provided by law, to act in an advisory capacity to the City Council in all matters pertaining to the City’s teen population.

I. Composition. The Planning Commission, Parks and Recreation Commission, and Senior Commission shall each consist of five members. The Youth Commission shall consist of 15 members; provided, however, commencing July 1, 2017, the Youth Commission shall consist of 10 members. In addition thereto, the City Manager, or designee, and the City Attorney, or designee, shall be ex officio or advisory members who shall not have the power to vote.

J. Qualifications. No person holding any other elected or appointed municipal office in the City of Walnut shall be a member of any commission.

1. In order to qualify as a member of the Planning Commission, Parks and Recreation Commission, or Senior Commission, a person shall be 18 years or older, a Walnut resident, a legally registered voter in the City of Walnut and such other qualifications as may be established by City Council policy.

2. In order to qualify for the Youth Commission, a person shall be a legal Walnut resident, be an active member of at least one extracurricular activity including sports or service club, must be in 9th through 12th grade and still attending high school, and such other qualifications as may be established by City Council policy.

K. Term. All commissioners shall be appointed and shall serve for a term of one year. The term of office of all members of all commissions shall commence on July 1st and expire on June 30th of each calendar year. Each commissioner shall continue in office until his or her successor is appointed. Nothing in this section is intended to preclude the reappointment of any commissioner upon the expiration of his or her term, except that Youth Commissioners shall be limited to two terms.

L. Appointment Process. The application and appointment process for commissions shall be consistent with subsections M through P of this section, and in accordance with the procedures established by City Council policy.

M. Local Appointments List. A list of all commissions whose members serve at the pleasure of the City Council shall be posted at City Hall and on the City’s website on or before December 31st of each year. This list shall be known as the "local appointments list." The list shall contain the following information: (1) a list of all appointive terms which will expire during the next calendar year; (2) the name of the incumbent appointee; (3) the date of appointment; (4) the date the term expires; and (5) the necessary qualifications for the position.

N. Notice and Announcement of Vacancy. Notices of a commission vacancy shall be posted at City Hall, the Walnut Post Office, the Walnut Library, and the City of Walnut website. Commission vacancies shall also be announced at a regularly scheduled City Council meeting. In the event of a vacancy being created by a term ending, the notice and announcement of the vacancy will be made 30 days prior to the end of a term. In the event of a vacancy due to a resignation, the resignation will be formally accepted by the City Council at the next regularly scheduled meeting and notice of the commission vacancy shall be posted immediately thereafter.

O. Application Period. The application period shall be 30 days from the date of the first publication on the City of Walnut website unless otherwise extended in accordance with City Council policy. Applications from all candidates, including incumbents, shall be received in the City Clerk’s office through the deadline indicated in the notice of vacancy.

P. Appointment. Each City Councilmember may appoint one commissioner for each of the Planning, Parks and Recreation and Senior Commissions and two for the Youth Commission, which must be approved by a majority of the City Council at a regularly scheduled City Council meeting. The City Clerk shall notify the successful applicant(s) in writing of his, her or their appointment(s). The notification letter shall contain information regarding date and time of appointee’s first commission meeting. The City Clerk shall notify, in writing, the candidate(s) not selected.

Q. Meetings—Organization—Officers—Rules and Regulations—Minutes.

1. The time and place of regular meetings of each commission shall be established by resolution of the City Council. Immediately after their appointment, commissioners shall meet at the next regularly scheduled commission meeting and organize. At the organization meeting, each commission shall elect from the members, a chair, a vice-chair, and shall appoint a secretary; their duties shall respectively be such as are usually carried out by such officers. Officers shall hold office for one year or until their successors are elected.

2. Subject to approval of the City Council, commissions may adopt rules and regulations to govern procedures and such other matters relative to the organization of the Commission and methods of administration of its duties which are not otherwise provided for by statute or ordinance. A majority of the regular members shall constitute a quorum. Minutes of all meetings shall be filed with the City Clerk. In addition, minutes of the Youth Commission shall be filed with the superintendent of schools.

R. Removal—Absence from Meetings. Any member of any commission may be removed by either of the following:

1. A majority of vote of the City Council;

2. Absence from three successive regular meetings of the commission, without cause, the office of such member shall be deemed to be vacant and the term of such member ipso facto terminated and the secretary of the Commission shall immediately inform the City Council of such termination. An absence due to illness or an unavoidable absence from the City and written notice thereof to the secretary of the Commission on or before the day of any regular meeting by the Commission shall be deemed absence for cause.

S. Compensation for Services. Any compensation for attendance at commission meetings shall be established by resolution of the City Council.

(Ord. 19-08, § 1)

A. Definitions. The following definitions apply to this chapter:

"Electronic record"

has the same meaning as in California Civil Code Section 1633.2.

"Electronic signature"

has the same meaning as in California Civil Code Section 1633.2.

"Digital signature"

has the same meaning as in California Government Code Section 16.5.

"UETA"

means the Uniform Electronic Transactions Act, commencing at California Civil Code Section 1633.1.

B. Use of Electronic and Digital Signatures.

1. In any transaction or communication with the City for which the parties have agreed to conduct the transaction or communication by electronic means, the following provisions apply:

a. When a record is required to be in writing, an electronic record satisfies that requirement, if it is in accordance with the UETA.

b. When a signature is required, the parties may agree that either:

i. An electronic signature satisfies that requirement, if it is in accordance with the UETA; or

ii. A digital signature satisfies that requirement, if it is in accordance with California Government Code Section 16.5.

2. This chapter is intended to enable the City to use electronic records, electronic signatures, and digital signatures to the fullest extent allowed by law, and does not limit the City’s ability to use electronic records, electronic signatures, or digital signatures in any way. All use of electronic records, electronic signatures, and digital signatures by the City shall be in accordance with City administrative policies and procedures, as may be designated and amended from time to time by the City Manager.

3. Any use of electronic records, electronic signatures, and digital signatures by the City that is not in accordance with this chapter and City administrative policies and procedures, or any unauthorized signing of any contract, record, or other document, shall render such contract, record, or other document invalid as not fully and properly executed by the City.

4. Authority to sign or execute contracts, records, or other documents via electronic signatures or digital signatures may be delegated by the City Manager to City department directors. The act of delegation of signature authority by the City Manager to a City department director must be memorialized in writing, including, but not limited to, memorandum, City form, e-mail, or delegation process recorded within electronic signature software.

(Ord. 22-06, § 1)