Chapter 2.05 — BOARDS, COMMISSIONS, AND COMMITTEES

Editor's note— Ord. No. 3122, § 1, adopted Sep. 8, 2020, amended the title of Ch. 2.05 to read as herein set out. Former Ch. 2.05 was titled, "Boards and Commissions."

A.

Appointments to every board and commission established under this title shall be made according to Article VII of the Charter of the city of Whittier and the provisions of this chapter.

B.

The term of office for each board or commission member shall be four years; except for initial appointments, which shall be determined by the city council, and an appointment to fill an unexpired term, which shall be for the unexpired portion of such term.

(Ord. 2637 § 3 (part), 1994)

(Ord. No. 3122, § 2, 9-8-20)

The members of a board or commission shall be appointed by the city council from the qualified electors of the city, none of whom shall hold any paid office or employment in the city government.

(Ord. 2637 § 3 (part), 1994)

Editor's note— Ord. No. 3122, § 3, adopted Sep. 8, 2020, repealed § 2.05.020, which pertained to appointment and derived from Ord. 2637, § 3(part), adopted in 1994.

A.

The city council shall have the right to review the decisions or actions of any city board or commission that reports directly to the city council. Any such review shall be initiated as set forth in subsection 2.05.030(B). Except as may be specifically stated herein to the contrary, any review initiated under this section must comply with all requirements that would ordinarily apply to an appeal from the type of decision or action at issue. This shall specifically include, but shall not be limited to, the duty to provide proper notice, hold public hearings, make appropriate findings and the duty to have the decision first reviewed by other offices, boards or commissions, before being heard by the city council, but only to the degree any such requirement is explicitly set forth in the city code, charter or under applicable law.

B.

A review under this section may be initiated by any member of the city council by delivering a written request to the city clerk or by making a verbal request during the course of an open and public meeting of the city council. If the request is made in writing and is not during an open and public meeting of the council, the city clerk shall promptly provide notice of the request to each of the other city council members. If the request is made during a council meeting, the city clerk is directed to note the request in the minutes of that meeting. No filing fee shall be required in making a request for review under this section. Notwithstanding anything stated herein to the contrary, any request for review under this section will not be valid unless it is made and delivered to the city clerk as provided for herein, within the applicable time period allowed for an appeal under the city code for the decision or action at issue. If there is no appeal period stated in the code for such action or decision, then the request must be made no later than thirty days from the date that the decision or action of the board or commission was issued. Upon receipt of a request for review by the city clerk enforcement of the action or decision of the city board or commission at issue shall be stayed.

C.

Upon receiving a request for review under this section, the city clerk shall promptly set the matter for review before the city council on the next most convenient agenda. In no case shall the review be held more than sixty days from the date the request was made, or within the period required under the applicable law, whichever period is less. At least ten days prior to the date the matter is set to be heard by the city council, the city clerk shall send written notice of the date, time and place set for the hearing to the affected party (if any), and to every interested party shall specifically state that the matter is being reviewed under this section, and shall specify that it will involve a de novo review of all issues. If the decision or action to be reviewed directly concerns an application involving one or more pieces of real property, the city clerk shall provide written notice of the hearing to all property owners who own property within three hundred feet of the external boundaries of the subject property. If a public hearing would ordinarily be required, under the city code, the city charter or under applicable law, from the decision or action at issue, then the city council shall be required to hold a public hearing in conjunction with its review under this section. In such case, the city clerk shall provide whatever additional notice as may be required under the code, the charter or under applicable law, concerning a review of the decision or action at issue.

D.

At the date, time and place set for the review/hearing the city council shall conduct a de novo review of all issues. At the conclusion of the hearing, the city council shall make a determination whether the decision or action of the city board or commission shall be approved, conditionally approved, modified or overturned. In its discretion, and prior to making a final decision, the city council may also refer the matter back to a board, commission or committee, for further investigation or analysis. Unless a greater percentage is required under the city code, the city charter or under applicable law, the determination of the city council shall be by resolution adopted by not less than a majority of a quorum of the city council. Where a public hearing has been held, the resolution shall set forth the facts as found by the city council supporting its action. The decision of the city council shall be final and conclusive in all cases. Notice of the city council's decision and its findings shall be mailed to the applicant, or to any other interested party requesting notice.

(Ord. No. 3122, § 5, 9-8-20)

Each board or commission member shall serve at the pleasure of the city council and may be removed from such office, at any time, by not less than three affirmative votes.

(Ord. 2637 § 3 (part), 1994)

In addition to the attendance standard expressed in the city charter any board or commission member who absents himself/herself from any five regular meetings of the board or commission in any six-month period without the consent of the board or commission so expressed in the minutes shall thereby automatically forfeit his/her position as a member of the board or commission and the name of such person shall be automatically removed from the membership of the board or commission immediately after the adjournment of the fifth regular meeting in any such six-month period at which the board or commission member has not appeared.

(Ord. 2821 § 1 (part), 2003)

(Ord. No. 3112, § 2, 2-25-20)

A.

Brown Act Boards, Commissions, and Committees shall meet at least one time during the fiscal year to reorganize, and when a meeting is called by the secretary on an as-needed basis. The boards, commissions, and committees can establish which days of the month such meetings should occur, as needed.

B.

In the event any regular meeting of a board, commission, or committee falls on a legal holiday, the regular meeting shall be held at the same hour on the first business day thereafter which is not a legal holiday.

(Ord. No. 3122, § 4, 9-8-20)

Editor's note— Ord. No. 3122, § 4, adopted Sep. 8, 2020, amended § 2.05.050 in its entirety to read as herein set out. Former § 2.05.050 pertained to meetings; holidays and derived from Ord. 2774, § 1, adopted in 2001.