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Ordinance No. 1022121 ORDINANCE NO. 1022 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS, AND THE EX OFFICIO GOVERNING BODY OF THE CYPRESS RECREATION & PARK DISTRICT, REPEALING CHAPTER 2, ARTICLE I, SECTION 2 -2.22, CHAPTER 2, ARTICLES IV, V, VI, VII AND IX, AND CHAPTER 16, ARTICLE II SECTIONS 16 -8 THROUGH 16- 10.1 OF THE CODE OF THE CITY OF CYPRESS AND ADOPTING A NEW CHAPTER 2 ARTICLE IV TO BE ENTITLED "BOARDS, COMMISSIONS AND COMMITTEES" WHEREAS, from time -to -time the City Council has reviewed the purposes, functions, and activities of the various boards, commissions, and committees established by the Municipal Code of the City of Cypress; and WHEREAS, the office of the City Attorney has, within the past several years, considered the relationship of various not - for - profit entities, foundations, and corporations ( "NGOs "), which render service to the community, and their status and standing under state law, including, but not limited to, the Ralph M. Brown Act, and their interrelationship with the Cypress Recreation & Park District (the "District "), and the City of Cypress (the "City "), and opined about the requirements of law in connection with the interrelationship, financial and otherwise, of the District, the City, and these various NGOs; and WHEREAS, the result of this earlier analysis of the relationships between the District, the City, and various NGOs also lead to an analysis of the operational relationships, reporting relationships, purposes, functions, activities, and staffing relationships of the various boards, commissions, and committees established in the Municipal Code, adopted and amended from time -to -time by various City Councils; and WHEREAS, that analysis has disclosed that certain City ordinances appear to be inconsistent with certain Charter provisions, for example, Municipal Code § 2 -44 appears to be inconsistent with City Charter § 805; and WHEREAS, that analysis has further disclosed that Municipal Code § 2 -61 authorizes the appointment of "alternate" commission members, but the City Council has not determined to appoint such alternate commission members for the past several years; and WHEREAS, that analysis has further disclosed that four (4) of the existing commission are staffed by only one City department, thereby resulting in disproportionate staffing and budgetary constraints on that department; and WHEREAS, that analysis has further disclosed that some commissions "compete" with other commissions and other NGOs for limited municipal and private resources and services; and WHEREAS, that analysis has further disclosed that some commissions provide duplicating and overlapping advice and service to the District; and WHEREAS, that analysis has further disclosed that reorganization, simplification, consolidation, and elimination of overlapping boards, commissions, and committees would result in significant savings of staff time, budget resources, and could result in better coordination of recreational, parks, cultural arts, and community services programs and services; and WHEREAS, pursuant to Article VIII, Section 800 of the Cypress City Charter, the City Council has the authority to abolish any and all boards and commissions established in the Municipal Code, and may further alter the structure, membership, powers and duties thereof; and WHEREAS, pursuant to Article VIII, Section 802 of the Cypress City Charter, the City Council has the authority to determine the number of members and the length of term of office for the City's boards, commissions, and committees; and 122 WHEREAS, pursuant to Article VIII, Section 804 of the Cypress City Charter, the City Council has the authority to determine how often regular meetings of the City's boards, commissions, and committees shall meet; and WHEREAS, the City Council (acting also as the ex officio governing body of the Cypress Recreation & Park District) believes that a reorganization and restructuring of the City's boards, commissions, and committees are in the best interests of the citizens of the City of Cypress and the Cypress Recreation & Park District, because such reorganization will promote more efficient operations and enhance the flow of communication for the City's business thereby conserving public funds and improving citizen communications to the City Council. NOW, THEREFORE, the City Council of the City of Cypress, California, does hereby ordain as follows: Section 1. Chapter 2, Article I, Section 2 -2.22, Chapter 2 Articles IV, V, VI, VII and IX, and Chapter 16, Article II, Sections 16.8 through 16 -10.1 of the Code of the City of Cypress are hereby repealed in their entirety in order to reduce, simplify, standardize, and reorganize the City's boards, commissions, and committees. Section 2. A new Chapter 2, Article IV, entitled "Boards, Commissions, and Committees" a copy of which is attached hereto as Exhibit "A" and incorporated herein by this reference, is hereby adopted to be effective on July 1, 2002. Section 3. The City Council shall, by separate resolution, implement this ordinance by: (1) eliminating all existing boards, commissions, and committees, and (2) thanking and excusing from further service all incumbent members of all existing City's boards, commissions, and committees, their removal to be effective not later than June 30, 2002, and (3) direct the awarding of an appropriate commendation to all currently serving members of boards, commissions, and committees for their service to the City and the District, and (4) extend an invitation to all removed members of boards, commissions, and committees to apply for membership on such newly constituted boards, commissions, and committees as the City Council shall, by ordinance(s), hereafter create. Section 4. Any incumbent member of any board, commission, or committee removed from office by resolution of the City Council adopted to implement this ordinance shall be eligible to apply for membership on, and participate in the application process for, any newly constituted board, commission, or committee without regard to the existing term limitation provisions of the provisions of the Municipal Code repealed herein. Section 5. The City Clerk of the City of Cypress shall certify to the passage and adoption of this ordinance and the same shall be posted as required by law and shall take effect as provided by law. FIRST READ at a regular meeting of the City Council of said City held on the 25th day of March, 2002, and finally adopted and order posted at a regular meeting held on the 8th day of April, 2002. ATTEST: °`I al'.4_ '1- ITY CLERK OF ; CITY OF CYPRESS MAYOR THE CITY OF CYPRESS STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss I, JILL R. INGRAM - GUERTIN, City Clerk of the City of Cypress, DO HEREBY CERTIFY THAT THE FOREGOING Ordinance was duly adopted at a regular meeting of the said City Council held on the 8th day of April, 2002, by the following roll call vote: AYES: 4 COUNCIL MEMBERS: Keenan, McGill, Piercy and Sondhi NOES: 0 COUNCIL MEMBERS: None ABSENT: 1 COUNCIL MEMBERS: McCoy Y CLERK OF T CITY OF CYPRESS 123 124 I I EXHIBIT "A" Article IV. Boards, Commissions, and Committees Section 2 -20. Purpose. This Article shall set forth the creation and regulation of all boards, commissions, or committees by the Cypress City Council. All such boards, commissions, and committees shall serve at the pleasure of City Council, on an advisory basis. All such boards, commissions, and committees shall have the duties, powers, and prerogatives to review and make recommendations to the City Council on all matters assigned to such board, commission, or committee by the City Council, including, but not limited to matters pertaining to recreation, arts and community services, cable television, seniors issues and services, youth issues and programs, community issues and programs, transportation issues and solutions, and such other or additional matters as requested or directed by the City Council from time -to -time. This Article shall also authorize the City Council to adopt, by resolution, a handbook which shall provide uniform standards and clear administrative procedures to govern the qualifications, selection, jurisdiction, powers, duties, compensation, terms, removal, and operations of each board, commission, and committee. Section 2 -30. Definitions. Ad hoc Committee. An ad hoc committee is a committee appointed for a specific limited time, purpose or project. Board. A board is an appointed body which serves at the Council's pleasure and may be given supervisory, managerial or investigatory powers as stated in an establishing ordinance. Commission. A commission is an appointed body, which serves at the Council's pleasure, in an advisory capacity to provide citizen input and recommendation of policy relative to their specific area of assignment. Committee. A committee is a body of individuals appointed to engage in a study, provide support to community projects or events, or to advise the City Council, or its reporting body, on solutions to specified problems. A committee's length of term may be ad hoc or standing, dependent upon the issue at hand. Standing Committee. A standing committee is a committee which has ongoing responsibilities over a general area as assigned and regular meeting times. Section 2 -40. Creation of Boards, Commissions and Committees. There is hereby established the following Commissions for the City of Cypress: Cable T.V. & Technology Commission; and A -1 125 Traffic Commission; and Recreation and Community Services Commission; and Senior Citizens Commission. There is hereby established the following standing committees, reporting to the Recreation and Community Services Commission: Youth Standing Committee. There is hereby established the following board, reporting to the City Council: Non - Conforming Use Hearing Board. Section 2 -50. Duties of Commissions. The general purposes and duties of each Commission shall be: • To identify the service needs of the community, be responsible for alternative methods of fulfilling these needs and interests, and to present alternate solutions or recommendations for action. • To act in an advisory capacity to City Council on such matters, topics, problems, community needs, or strategic planning for the community as may be assigned by the City Council, including, but not limited to, cable television, recreation, arts and community services, seniors issues and services, youth issues and programs, community issues and programs, transportation issues and solutions, and such other or additional matters as requested or directed by the City Council from time -to -time, and to cooperate with all governmental agencies and civic groups. • To develop recommendations to City Council on such matters, topics, problems, community needs, or strategic planning for the community as may be assigned by the City Council, including, but not limited to, cable television, recreation, arts and community services, seniors issues and services, youth issues and programs, community issues and programs, transportation issues and solutions, and such other or additional matters as requested or directed by the City Council from time -to -time. • To perform such other additional duties and responsibilities as may be set forth the City Council by ordinance, resolution, or in a handbook adopted by resolution of the City Council, and as the same may be amended from time -to -time. A -2 126 Section 2 -60. Eligibility for Appointment. Residency. Applicants must be a resident of the City of Cypress and must be a registered voter in Cypress, and must remain such during their entire term of office. An exception is made for student members of a Youth appointed body who are not yet of voting age. Public Employment Conflicts. Applicants shall not hold any full or part-time office or employment with the City of Cypress, a charter city & municipal corporation, or the Cypress Recreation & Park District, a California special district, and shall not serve on more than one commission, committee or board at the same time. Nepotism. Applicants shall not be directly related by blood or marriage to anyone on the appointing body. Section 2 -70. Composition. The Commissions and Standing Committees are composed of the following number of members. Members are appointed by the City Council as terms expire and/or as vacancies occur. Reporting to City Council Cable TV Technology Commission (5) members Traffic Commission (5) members Non - Conforming Use Hearing Board (3) members Reporting to City Council in its capacity as Board for the Parks and Recreation District Recreation and Community Services Commission (7) members Senior Citizens Commission (7) members Committees Reporting to and Serving Under the Recreation & Community Services Commission: Youth Standing Committee (7) members Section 2 -80. Oath of Office. Each newly appointed member of a board, commission, or committee shall be required, as a condition of appointment, to take the Oath of Office mandated by the California Constitution, which oath shall be administered by the City Clerk's office. Upon the taking of such oath the member is authorized to attend meetings and vote. Section 2 -90 Conflict of Interest Statements (Statements of Economic Interests). All members of established City boards, commissions, and standing committees are required to file annual Statements of Economic Interest, with the City Clerk, upon assuming or leaving office. A -3 127 Section 2 -100. Procedures Governing the Boards, Commissions, and Committees. The procedures governing application for, appointment to, term of office (including staggered terms) of, term limitations upon, compensation of, removal from, vacancy resulting from lack of continuous residency in or excessive absence from, and conduct of meetings, together with the powers, duties, responsibilities, prerogatives of, each board, commission, and committee shall be as provided in greater detail in a handbook entitled "Boards, Commissions, and Committees Handbook," which handbook shall be reviewed and adopted by resolution of the City Council, as the same may be reviewed and/or modified and/or amended from time -to -time. Section 2 -110. City Council Authorized to Establish Staggered Terms of Office for Boards, Commissions, and Committees. Pursuant to Cypress City Charter § 802, the City Council is hereby authorized to establish, by separate ordinance, staggered terms of office on any board, commission, or committee so as to assure continuity of experience and expertise on any board, commission, and committee. However, consistent with Cypress City Charter §§ 802 and 805, vacancies on any commission or board (but not any committee), from whatever cause, shall be filled for the term prescribed therein.