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HomeMy WebLinkAboutORD 01 (2023)ORDINANCE NO. 01 (2023) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR, CALIFORNIA, AMENDING SECTIONS 2.32.040, 2.36.040 AND 2.40.040 OF THE DIAMOND BAR CITY CODE REVISING THE TERMS OF OFFICE AND TIMELINE TO FILL VACANCIES FOR CITY COMMISSIONS. WHEREAS, the Diamond Bar City Code establishes the terms of office and timeline to fill vacancies for members of the Parks & Recreation, Planning, and Traffic and Transportation Commissions; and WHEREAS, the City Council desires to change the terms of office of the commissions to better coincide with the general municipal elections to promote greater public participation and improve operational efficiencies in the commissioner appointment process; and WHEREAS, the City Council desires to change the time within which to fill a commission vacancy to promote greater public participation and better account for the bi- monthly City Council meeting schedule. NOW, THEREFORE, the City Council of the City of Diamond Bar does hereby ordain as follows: Section 1. PARKS AND RECREATION COMMISSION. Diamond Bar City Code Section 2.32.040 entitled "Organization and terms of office; filling of vacancies in office; officers; meetings", is here by amended to read as follows: "(a) Each member of the parks and recreation commission shall be appointed by one member of the city council and confirmed by majority vote of the city council; provided, however, that should a member of the city council fail to make an appointment to a term that has expired within 30 days of the vacancy in question being created, a majority of the city council shall appoint to fill the vacancy. (b) If a vacancy occurs other than by expiration of a term, it shall be filled within 60 days by appointment for the unexpired portion of the term by the councilmember who appointed or had the opportunity to appoint the commissioner whose position has been vacated or the councilmember serving the unexpired portion of the term of that person in accordance with subsection (a) of this section. If the vacancy is effected by the removal process specified in this section, the person so removed may not be appointed to fill the vacancy. (c) Notwithstanding any other term or provision of this chapter, each member of the park and recreation commission shall be deemed to have resigned Ordinance No. 01 (2023) from their position on the commission 90 calendar days after the succession of any person, whether by election, reelection or appointment, to the office of the councilmember who appointed, or had the opportunity to appoint, such commissioner, and that commission position shall thereupon be deemed vacant and available for appointment for the otherwise unexpired term, if any. (d) If a member of the park and recreation commission is absent from three consecutive regular meetings or from more than 50 percent of the regular meetings thereof in any one-year period, the office of the commissioner shall thereupon be deemed vacant, and the secretary to the commission shall immediately inform the city council of such vacancy. (e) Any member of the parks and recreation commission may be removed without cause during their term of office by a four -fifths vote of the city council, provided that no such member may be removed during the initial three months of any term of office for which they are appointed except by unanimous vote of the council. (f) The terms of office of the park and recreation commission shall be two- year terms commencing on March 1 of odd -numbered years and expiring on the last day of February of odd -numbered years. The term of office for Commissioners that would otherwise expire in February 2024 shall continue an additional 12 months to the last day in February 2025. (g) The parks and recreation commission shall, at its first regular meeting in March of each calendar year, elect a chairperson from among its appointed members for a term of one year, and may create and fill such other offices as it may determine appropriate. The date, location and time of regular meetings shall be established by resolution of the city council. The commission may also conduct other meetings at such additional times as deemed necessary. (h) The city manager or their designee shall be the secretary to the commission." Section 2. PLANNING COMMISSION. Diamond Bar City Code Section 2.36.040 entitled "Organization and terms of office; filling of vacancies in office; officers; meetings", is here by amended to read as follows: "(a) Each member of the planning commission shall be appointed by one member of the city council and confirmed by majority vote of the city council; provided, however, that should a member of the city council fail to make an appointment to a term that has expired within 30 days of the vacancy in question being created, a majority of the city council shall appoint to fill the vacancy. 2 Ordinance No. 01 (2023) (b) If a vacancy occurs other than by expiration of a term, it shall be filled within 60 days by appointment for the unexpired portion of the term by the councilmember who appointed or had the opportunity to appoint the commissioner whose position has been vacated or the councilmember serving the unexpired portion of the term of that person in accordance with subsection (a) of this section. If the vacancy is effected by the removal process specified in this section, the person so removed may not be appointed to fill the vacancy. (c) Notwithstanding any other term or provision of this chapter, each of the planning commissioners shall be deemed to have resigned from their position on the commission 90 calendar days after the succession of any person, whether by election, reelection or appointment, to the office of the councilmember who appointed, or had the opportunity to appoint, such commissioner, and that commission position shall thereupon be deemed vacant and available for appointment for the otherwise unexpired term, if any. (d) If a member of the planning commission is absent from three consecutive regular meetings or from more than 50 percent of the regular meetings thereof in any one-year period, the office of the commissioner shall thereupon be deemed vacant, and the secretary to the commission shall immediately inform the city council of such vacancy. (e) Any member of the planning commission may be removed without cause during their term of office by a four -fifths vote of the city council, provided that no such member may be removed during the initial three months of any term of office for which they are appointed. (f) The terms of office of the planning commission shall be two-year terms commencing on March 1 of odd -numbered years and expg on the last day of February of odd -numbered years. The term of office for Commissioners that would otherwise expire in February 2024 shall continue an additional 12 months to the last day in February 2025. (g) The planning commission shall, at its first regular meeting in March of each calendar year, elect a chairperson from among its appointed members for a term of one year, and may create and fill such other offices as it may determine appropriate. The date, location and time of regular meetings shall be established by resolution of the city council. The commission may also conduct other meetings at such additional times as deemed necessary. (h) The director of community development, or their designee, shall be the secretary to the commission." 3 Ordinance No. 01 (2023) Section 3. TRAFFIC AND TRANSPORTATION COMMISSION. Diamond Bar City Code Section 2.40,040 entitled "Organization and terms of office; filling of vacancies in office; officers; meetings", is here by amended to read as follows: "(a) Each member of the traffic and transportation commission shall be appointed by one member of the city council and confirmed by majority vote of the city council; provided, however, that should a member of the city council fail to make an appointment to a term that has expired within 30 days of the vacancy in question being created, a majority of the city council shall appoint to fill the vacancy. (b) If a vacancy occurs other than by expiration of a term, it shall be filled within 60 days by appointment for the unexpired portion of the term by the councilmember who appointed or had the opportunity to appoint the commissioner whose position has been vacated or the councilmember serving the unexpired portion of the term of that person in accordance with subsection (a) of this section. If the vacancy is effected by the removal process specified in this section, the person so removed may not be appointed to fill the vacancy. (c) Notwithstanding any other terms or provision of this chapter, each member of the traffic and transportation commission shall be deemed to have resigned from their position on the commission 90 calendar days after the succession of any person, whether by election, reelection or appointment, to the office of the councilmember who appointed, or had the opportunity to appoint, such commissioner and that commission position shall thereupon be deemed vacant and available for appointment for the otherwise unexpired term, if any. (d) If a member of the traffic and transportation commission is absent from three consecutive regular meetings or from more than 50 percent of the regular meetings thereof in any one-year period, the office of the commissioner shall thereupon be deemed vacant, and the secretary to the commission shall immediately inform the city council of such vacancy. (e) Any member of the traffic and transportation commission may be removed without cause during his term of office by a four -fifths vote of the city council, provided that no such member may be removed during the initial three months of any term of office for which they are appointed except by unanimous vote of the council. (f) The terms of office of the traffic and transportation commission shall be two-year terms commencing on March 1 of odd -numbered years and expiring on the last day of February of odd -numbered years. The term of Ordinance No. 01 (2023) office for Commissioners that would otherwise expire in February 2024 shall continue an additional 12 months to the last day in February 2025. (g) The traffic and transportation commission shall, at its first regular meeting in March of each calendar year, elect a chairperson from among its appointed members for a term of one year, and may create and fill such other offices as it may determine appropriate. The date, location and time of regular meetings shall be established by resolution of the city council. The commission may also conduct other meetings at such additional times as deemed necessary. (h) The city engineer, or their designee, shall be the secretary to the commission." Section 4. Effective Date. This Ordinance shall take effect 30 days after its adoption. The City Clerk or his or her duly appointed deputy shall certify to the adoption of the Ordinance and cause this Ordinance to be published as required by law. Section 5. Severability. If any section, sub -section, clause or phrase in this Ordinance or the application thereof to any person or circumstances is for any reason held invalid, the validity of the remainder of this Ordinance or the application of such provisions to other persons or circumstances shall not be affected. Section 6. The City Clerk shall attest and certify to the passage and adoption of this Ordinance within 15 days after adoption, cause it to be published or posted in accordance with California law, and it shall be effective 30 days after adoption pursuant to Government Code Section 36937. PASSED AND ADOPTED, at a regular meeting of the City Council of the City of Diamond Bar on this 21s, day of March, 2023. AndreYnr Chou, r/layor Ordinance No. 01 (2023) I, Kristina Santana, City Clerk of the City of Diamond Bar, do hereby certify that the foregoing Ordinance was introduced at a regular meeting of the City Council of the City of Diamond Bar held on the 7th day of March, 2023, and was duly adopted at a regular meeting of the City Council of the City of Diamond Bar held on the 21s' day of March, 2023, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: Teng, Tye, MPT/Liu, M/Chou None Low None Kristina Santana, City Clerk 0