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Resolution No. 6827352 RESOLUTION NO. 6827 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS, CALIFORNIA, ADOPTING THE SEVENTH REVISION TO THE BOARDS, COMMISSIONS AND COMMITTEES POLICY MANUAL WHEREAS, at the City Council meeting of April 8, 2002, the City Council adopted Ordinance No. 1022 to reorganize and centrally codify the existing system related to all boards, commissions and committees within the City of Cypress; and WHEREAS, as part of Ordinance No. 1022, Chapter 2, Article IV, Section 2-100, establishes procedures governing the City's advisory boards through a "Boards, Commissions and Committees Policy Manual," which is to be adopted by Resolution of the City Council; and . WHEREAS, the original "Boards, Commissions and Committees Policy Manual" was adopted by the City Council on April 22, 2002, per Resolution No. 5553; and WHEREAS, the Second Revision of the manual was adopted on April 14, 2003, per Resolution No. 5648 to address a voter approved Charter Amendment to fill unscheduled vacancies on an advisory group for the unexpired term of said office in order to preserve continuity of the advisory group; and WHEREAS, the Third Revision of the manual was adopted on June 12, 2006, per Resolution No. 5956 to remove reference to the Non -Conforming Uses Hearing Board due to the establishment of a Zoning Administrator to perform the same functions; and • WHEREAS, the Fourth Revision of the manual was adopted on July 9, 2007, per Resolution No. 6040 to remove reference to the Cable Television Commission due to the sunsetting of this Commission as of June 30, 2007 per approval of Ordinance No. 1086 adopted on November 27, 2006; and WHEREAS, the Fifth Revision of the manual was adopted on June 13, 2016, per Resolution No. 6567 to reflect the reformatting and clarification of procedures and requirements of advisory board members; and WHEREAS, the Sixth Revision of the manual was adopted on March 25, 2019, per Resolution No. 6722 to reflect the title change of the Youth Standing Committee to Youth Action Committee and address the importance of attendance at commission meetings by agendizing commissioner absences for City Council approval; and WHEREAS, the Seventh Revision of the "Boards, Commissions and Committees Policy Manual" reflects changes related to the COVID-19 pandemic, suspension of the 2020 recruitment process, and staggering term lengths to provide annual opportunities for residents to apply for an advisory body position. NOW, THEREFORE, BE IT RESOLVED that the City of Cypress does hereby adopt the Seventh Revision of the "Boards, Commissions and Committees Policy Manual" as attached herein. PASSED, APPROVED AND ADOPTED by the City Council of the City of Cypress at a regular meeting held on the 25th day of January, 2021. ATTEST: CITY CL RK OF THE ITY OF CYPRESS STATE OF CALIFORNIA } COUNTY OF ORANGE } SS 4 A' OR O THE CITY OF CYPRESS 353 I, ALISHA FARNELL, City Clerk of the City of Cypress, DO HEREBY CERTIFY that the foregoing Resolution was duly adopted at a regular meeting of the said City Council held on the 25th day of January, 2021, by the following roll call vote: AYES: 5 COUNCIL MEMBERS: Hertz, Marquez, Morales, Berry And Peat NOES: 0 COUNCIL MEMBERS: None ABSENT: 0 COUNCIL MEMBERS: None CIT LERK OF THE CITY OF CYPRESS CITY OF CYPRESS BOARDS, COMMISSIONS, AND COMMITTEES POLICY MANUAL SEVENTH EDITION Revised January 25, 2021 355 TABLE OF CONTENTS INTRODUCTION 3 RECRUITMENT PROCESS AND COVID-19 PANDEMIC 3 TERM LENGTHS AND TERM LIMITS 4 ELIGIBILITY REQUIREMENTS 4 COMPOSITION 5 GENERAL BOARD, COMMISSION AND COMMITTEE DUTIES 5 ADVISORY BODY ROLE AND RELATIONSHIPS 6 OPERATIONS AND PROCEDURES 7 STATUTORY REQUIREMENTS 8 REMOVAL FROM OFFICE 9 MEETING ATTENDANCE 9 COMPENSATION 10 DEFINITIONS OF BOARDS, COMMISSIONS AND COMMITTEES 10 ADDITIONAL RESOURCES 10 356 INTRODUCTION Thank you for your interest in serving as a member of a City Council advisory body. This manual has been prepared to help you understand the important role advisory bodies play in Cypress. Boards, commission and committees advise and make recommendations to the City Council to assist them in addressing community needs and concerns. Members of these advisory bodies are appointed by the City Council It is important members understand their duties and role, attend and be prepared for meetings, and contribute to the community. City staff provides technical and administrative support to the City Council's advisory groups. Board, commission and committee members are public officials of a legislative body and are required to comply with all applicable Federal, State and local laws and procedures. RECRUITMENT PROCESS AND COVID-19 PANDEMIC The City Council conducts an annual recruitment process to fill vacancies on its advisory boards, commissions or committees. The City Council makes every effort to give representation on a board, commission or committee from a diverse cross-section of residents. Interested residents may apply for appointment to more than one advisory body, but may only be appointed to serve on one advisory body at a time. Due to the COVID-19 pandemic, the annual recruitment process in 2020 was suspended. As such, the 2021 recruitment process will be modified to fill vacancies that occurred in 2020 and will occur in 2021. The 2021 recruitment will be conducted in accordance with all health and safety guidelines. Additionally, the term lengths for board, commission or committee members appointed in 2021 will be staggered to ensure annual recruitment opportunities for interested residents. The 2021 recruitment period will begin February 1 and all interested residents must submit a completed application via email or U.S. mail no later than 5:00 p.m. on February 26. Applications will be available on the City's website or from the City Clerk's office at the start of the recruitment period. Current or former advisory body members whose terms expired in 2020 or will expire in 2021 are not automatically re -appointed and must submit a new application. The City Council will conduct interviews to evaluate prospective advisory body members and will make appointments to fill all vacancies in March or April. Interviews may take place virtually to comply with current health and safety guidelines. Current advisory body members whose term ends in 2021, and are not re -appointed, will end their terms at the time City Council makes their new appointments as part of the 2021 recruitment process. During the recruitment process, the City Council may create a list of alternates to be used to fill any vacancies that occur prior to the next recruitment. TERM LENGTHS AND TERM LIMITS Term Lengths Due to the COVID-19 pandemic and suspension of the 2020 recruitment process, advisory body members will be appointed to the following terms. Recreation and Community Services Commission: • Two seats — March/April 2021 through June 30, 2022 (1 year) • One seat — March/April 2021 through June 30, 2024 (3 years) • One seat — March/April 2021 through June 30, 2025 (4 years) Senior Citizens Commission: • Two seats — March/April 2021 through June 30, 2022 (1 year) • One seat — March/April 2021 through June 30, 2024 (3 years) 357 • One seat — March/April 2021 through June 30, 2025 (4 years) Traffic Commission: • One seat — March/April 2021 through June 30, 2022 (1 year) • One seat — March/April 2021 through June 30, 2024 (3 years) • One seat — March/April 2021 through June 30, 2025 (4 years) Youth Action Committee: • All seats — one school calendar year Term Limits Board, commission and committee members serve until successors are appointed by the City Council. No member shall serve more than two consecutive full and/or partial terms on the same board, commission, or committee, with the exception of the Youth Action Committee. Youth Action Committee appointments are made for a one-year term, and there is no limit of service. Members must be in, or entering, 12th grade at the time of appointment. ELIGIBILITY REQUIREMENTS Residency Applicants must be a Cypress resident and registered to vote. An exception is made for members of a youth appointed body who are not yet eligible to vote or who attend a high school serving Cypress. Public Employment Conflicts Applicants shall not hold any full or part-time office or employment with the City and shall not serve on more than one City appointed board, commission, or committee at a time. An exception to part-time employment may be made for Youth Action Committee members. Nepotism Applicants shall not be directly related by blood or marriage to a City Council Member. Oath of Office Newlyappointed advisory board members are required to take an Oath of Office administered by the City Clerk's office. Upon completion of the Oath, the member may participate in meetings and vote. COMPOSITION The board, commission and committee members are appointed by the City Council as terms expire and/or as vacancies occur. They are composed as follows: Recreation and Community Services Commission — seven members Senior Citizens Commission — seven members Traffic Commission — five members Reporting to the Recreation and Community Services Commission Youth Action Committee — a minimum of seven members GENERAL BOARD, COMMISSION AND COMMITTEE DUTIES 358 Boards, commissions, and committees review and make recommendations to the City Council on matters pertaining to their specific areas of designation. The general duty of all boards, commissions and committees is to act in an advisory capacity to the City Council (or designated reporting body). The specific duties of each advisory group are: Recreation and Community Services Commission The Recreation and Community Services Commission provides recommendations and advice to the City Council on policies, projects, and other matters pertaining to parks, recreation and community services facilities and programs. Commissioners may also be called upon to help promote parks, recreation, and community services facilities and programs. Senior Citizens Commission The Senior Citizens Commission provides recommendations and advice to the City Council on policies, projects, and other matters pertaining to senior citizens programs and services, and the senior center facilities. Commissioners may also be called upon to help promote the senior citizens programs and services, and the senior center facilities. Traffic Commission The Traffic Commission receives input from the public involving traffic matters and provides recommendations to the City Council on ways of improving traffic conditions and enforcement. Youth Action Committee The Youth Action Committee advises the Recreation and Community Services Commission on the needs of young people and promotes the involvement and contribution of young people in municipal government, civic and recreational activities. ADVISORY BODY ROLE AND RELATIONSHIPS Relationships with the City Council Board, commission and committee members are appointed by, and responsible to, the City Council. Members advise and make recommendations to the City Council and may be delegated other powers by the City Council, but the City Council is the ultimate authority for all policy decisions. Unless representing a position taken by an advisory body at a properly agendized public meeting, board and commission members speaking at a public meeting are required to clearly state they are representing their own opinion and not speaking for the body to which they were appointed. Any communication with the City Council related to advisory body business should be in writing and, represent recommendations made by a majority of the group at a public meeting. The written communication should originate from the advisory group chair, be copied to the group's staff liaison and submitted to the City Manager's office. Relationships with City Staff The City Manager may assign staff to provide support to a board, commission or committee. Staff responsibilities include facilitating meetings and preparing meeting agendas and minutes. Advisory members shall not direct staff or determine the priority of staff work. Agenda items for advisory board meetings are determined by the City Council or staff. 359 Relationships with Other Board, Commission or Committee Members In order to operate effectively, it is important that advisory groups cooperate and respect each other. One way to develop this rapport is for members to ensure meetings proceed in an orderly manner. The chairperson is responsible for managing the meeting. and allocating reasonable time for discussion and deliberation of each item. It is important members prepare for presentations made to the board, commission or committee, and thoroughly review agenda materials before the meeting. Boards, commission and committees should be aware members bring different experiences and styles to the meetings and represent different perspectives. It is important members respect each other, staff and members of the public. It is also important to remain objective when considering advisory board issues. Relationships with the Public Members are encouraged to seek out and become aware of public opinion relating to their board, commission or committee. Public input at meetings should be welcomed. Members should conduct themselves at public meetings in a professional and impartial manner that respects their role and responsibilities, and represents Cypress in the best light possible. Members should be considerate of all interests, attitudes, and differences of opinion. Meeting Decorum The chairperson is responsible for running the meeting and ensuring an effective deliberative process. It is important that meetings start on time. Members should wait to be recognized by the chairperson before speaking and keep remarks to the issue at hand. Full attention should be given when others speak with active listening to public concerns. Courteous and professional behavior is required of all members; the ability to treat your fellow advisory board members, staff, and the public with respect is an important part of your service. OPERATIONS AND PROCEDURES A chairperson and vice chairperson shall be elected annually for each advisory board. A quorum of the group is required to conduct business. A majority vote of the members present and voting is required to carry a motion. All commissions and standing committees shall meet regularly, as needed, in a location within the City. Robert's Rules of Order — Newly Revised covers the parliamentary procedures of all board, commission and committee meetings. STATUTORY REQUIREMENTS The Brown Act The Ralph M. Brown Act provides that all meetings of a legislative body, which includes the City Council, boards, commissions, and committees, shall be open and public with all persons permitted to attend. A meeting is defined as "a quorum of the advisory body discussing or deliberating on subject matter related to the legislative body." The Brown Act prohibits a quorum from meeting privately or without notice. Serial meetings, where a quorum of the members uses any direct communication, personal intermediaries or technological devices to develop a collective concurrence as to action to be taken, are also prohibited since this exchange can occur outside the public meeting process. All meetings must be properly noticed under the Brown Act. The agenda for regular meetings must be posted in a location accessible to the public at least 72 hours prior to the meeting. Agendas for special meetings must be posted at least 24 hours prior to the meeting. Regular minutes of such meetings shall be maintained and available for public inspection. 360 Ethics Training (AB 1234) In order to meet the requirements of State law (AB 1234), all appointed advisory members who are eligible to receive a stipend for their service are required to receive no less than two hours of training in general ethics principles and ethics laws every two years. Newly appointed advisory members must complete the required ethics training within 90 days of appointment. On-site training is provided by the City on an annual basis. Advisory members who are unable to attend this training must complete the training online through the Fair Political Practices Commission prior to their next scheduled advisory board meeting; members who fail to complete the training will not be allowed to attend commission meetings until completed and are subject to dismissal from the advisory body. The Youth Action Committee and ad hoc committee members are not required to participate in ethics training since they do not receive compensation for their service. Conflict of Interest (Form 700) All members of established boards, commissions and committees are required to file annual Statements of Economic Interest (Form 700) with the City Clerk upon assuming or leaving office. State law requires that designated individuals who make or participate in making governmental decisions that could affect their personal economic interests file the Form 700. Members who fail to file the Form 700 as requested are subject to an administrative fine and dismissal from the advisory body. The Youth Action Committee members are not required to file an annual Statement of Economic Interest (Form 700). REMOVAL FROM OFFICE The City Council may, at its sole and absolute discretion, remove a member from office at any time (as specified in the Cypress Charter Section 802). The reasons for removal may include, but are not limited to: 1. The City Council determines that it would be in the best interest of the City to remove a member. 2. A member has incurred four absences from regular meetings during any 12 -month period. A member arriving more than 30 minutes after the start of a meeting shall be deemed absent. 3. A member has failed to complete the mandatory ethics training (AB 1234). 4. A member has failed to file their Statement of Economic Interests (Form 700). 5. A member has violated the Oath of Office. 6. A member has been convicted of a crime of moral turpitude. 7. A member ceases to be a registered voter of the City. Resignation Advisory members may resign at any time. The Municipal Code requires "the office of an appointed commissioner or board member shall be immediately and automatically rendered vacant upon the member's filing of nomination papers designating such person a candidate for the office of the City Council." (Section 2-2.22.1) Filling Vacancies In the event an incumbent is removed or otherwise vacates their office, their successor shall be appointed for the remaining unexpired term. 361 An existing member of an advisory body who desires to seek a vacant seat on another advisory body must resign from the current advisory body in order to be considered for appointment unless their term expires in the same year as the vacancy will be filled. MEETING ATTENDANCE Advisory board members are expected to attend and participate in all meetings. A member is subject to removal from office by the City Council should the member incur four absences from regular meetings during any 12 -month period. A member arriving more than 30 minutes after the start of a meeting shall be considered absent and not eligible to receive compensation for that meeting. In an effort to address the importance of attendance at commission meetings, commissioner absences will be agendized for City Council review and approval. COMPENSATION Meeting Allowance Compensation amounts for all boards, commissions and committees is as follows: $50 for attending a regularly scheduled board, commission or committee meeting (maximum payment of one per month) Youth Action Committee members do not receive any compensation. Travel and Other Expenses All travel and other expenses must be pre -approved by the designated staff liaison. State law (AB 1234) requires officials seeking reimbursement to file an expense report, as well as make an oral report at their advisory board meeting on the meeting or conference attended. DEFINITIONS OF BOARDS, COMMISSIONS AND COMMITTEES The City Council establishes advisory boards, commissions, and committees by Ordinance or Resolution. The following serves as definitions of the various advisory groups. Ad Hoc Committee. Sometimes referred to as a Task Force, is a committee appointed for a specific limited time, purpose or project. Board. A standing body which may be tasked with defined advisory or investigatory powers as stated in an establishing ordinance. Commission. An appointed body that serves at the City Council's pleasure in an advisory capacity to provide citizen input and recommendations related specifically to their assignment. Committee. May be an ad hoc or standing body, tasked with more narrow duties, including to provide support to discrete community projects or events, or to advise the City Council on solutions to specified problems or issues. ADDITIONAL RESOURCES City Website http://www.cypressca.org/ Municipal Code http://qcode.us/codes/cypress/ City Charter http://www.cypressca.orq/administration/cypress charter.pdf 362 California Codes http://leg info.leg islature.ca.gov/faces/codes.xhtm 1 Fair Political Practices Commission http://www.fppc.ca.gov Robert's Rules of Order http://www.rulesonline.com/