ORD 546 Disbanded ALRB, Added to PCORDINANCE NO.546
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA
QUINTA, CALIFORNIA, AMENDING MUNICIPAL CODE
CHAPTERS 2.06 AND 2.29 RELATING TO THE PLANNING
COMMISSION MEMBERSHIP, AND ELIMINATING THE
ARCHITECTURAL AND LANDSCAPING REVIEW BOARD BY
DELETING CHAPTER 2.30
WHEREAS, Chapter 2.06 of the La Quinta Municipal Code ("Code") sets forth the
general rules relating to all boards, commissions and committees of the City of Lo
Quints ("City"); and
WHEREAS, it is necessary from time to time for the City Council to expand or
retract the powers and duties of various boards, commissions and/or committees
either temporarily or permanently and this is acknowledged by the amendment herein
to Section 2.06.070 of the Code; and
WHEREAS, Chapter 2.29 of the Cade sets forth the specific rules relating to the
composition, powers and duties of the Planning Commission ("Commission"); and
WHEREAS, Chapter 2.30 of the Code sets forth the specific rules relating to the
composition, duties and qualifications of the Architectural and Landscaping Review
Board ("ALRB"); and
WHEREAS, the City finds that it would be beneficial to project and permit
applicants, as well as the operations of the City, to streamline the review process by
eliminating the ALRB; and
WHEREAS, the elimination of the ALRB warrants certain changes to the makeup
of the Commission, and qualification of Commissioners in order to absorb duties
formally assigned to the ALRB; and
WHEREAS, the City finds that enlarging the Commission from five to seven
members is warranted, and in addition, requiring two of those members to have
expertise in architecture or landscape architecture.
NOW, THEREFORE, the City Council of the City of La Quints does ordain as
follows:
SECTION 1. Section 2.06.040 of the Code entitled QUALIFICATIONS, item (C) is
amended as stated in Exhibit A attached hereto.
SECTION 2. Section 2.06.070 of the Code entitled PURPOSE, POWERS AND DUTIES,
item (A) is amended as stated in Exhibit A attached hereto.
Ordinance No. 546
Amending Chapters 2.06 and 2.29 - Relating to Planning Commission Membership
Deleting Chapters 2.30 - Eliminating the Architectural and Landscaping Review Board
Adopted: October 4, 2016
Page 2 of 11
SECTION 3. Chapter 2.29 entitled PLANNING COMMISSION is amended as stated in
Exhibit B attached hereto.
SECTION 4. Chapter 2.30 entitled ARCHITECTURAL AND LANDSCAPING REVIEW BOARD
is hereby deleted in its entirety as stated in Exhibit C attached hereto.
SECTION 5. EFFECTIVE DATE: This Ordinance shall be in full force and effect thirty (30)
days after its adoption.
SECTION 6. POSTING: The City Clerk shall, within 15 days after passage of this
Ordinance, cause it to be posted in at least three public places designated by
resolution of the City Council, shall certify to the adoption and posting of this
Ordinance, and shall cause this Ordinance and its certification, together with proof of
posting to be entered into the repository of Ordinances of the City of La Quinta.
PASSED, APPROVED and ADOPTED, at a regular meeting of the La Quinta City
Council held this 4th day of October 2016, by the following vote:
AYES: Council Members Franklin, Osborne, Pena, Radi, Mayor Evans
NOES: None
ABSENT: None
ABSTAIN: None
c
LIN A EVANS, Mayor
City of La Quinta, California
ATTEST:
dVI.A.G1/hi YY1.lIA.14— Z4-
SUSAN MAYSELS, City Clerk
City of La Quinta, California
(CITY SEAL)
Ordinance No. 546
Amending Chapters 2.06 and 2.29 - Relating to Planning Commission Membership
Deleting Chapters 2.30 - Eliminating the Architectural and Landscaping Review Board
Adopted: October 4, 2016
Page 3 of 11
APPROVED AS TO FORM:
WILLIAM H. IHRKE, City Attorney
City of La Quints, California
Ordinance No. 546
Amending Chapters 2.06 and 2.29- Relating to Planning Commission Membership
Deleting Chapters 2.30 - Eliminating the Architectural and Landscaping Review Board
Adopted: October 4, 2016
Page 4 of 11
Ordinance No. 546
Amending Chapters 2.06 and 2.29 - Relating to Planning Commission Membership
Deleting Chapters 2.30- Eliminating the Architectural and Landscaping Review Board
Adopted: October 4, 2016
Page 5 of 11
EXHIBIT A
Chapter 2.06 BOARDS, COMMISSIONS AND COMMITTEES
2.06.010 Definitions.
A. 'Board" means a group of council -appointed persons who provide advice on city
issues.
B. "Commission" means a group of council -appointed persons having limited
legislative powers to make decisions or recommendations to the council on city issues.
C. "Committee" means a temporary group of persons chosen by the council to give
special consideration, investigation, and prepare a report on a pending city issue.
2.06.020 Appointments, number of members.
A. The city council shall appoint members to all boards and commissions with the
exception of the housing commission, whose members shall be appointed by the La
Quints housing authority.
B. From time to time, the city council may establish a committee(s), or committee(s)
may be established by boards and commissions authorized to do so. The establishing
body shall determine the number of committee members needed to best perform the
duties of that committee and the establishing body shall make appointments
pursuant to this section.
C. The city council shall make appointments to vacancies at open session of a regular
or special city council meeting. The housing authority shall make appointments to
housing commission vacancies at open session of a regular or special housing
authority meeting.
D. The order of appointments shall be taken up by the city council based on a random
drawing publically conducted by the city clerk.
E. Applicants may apply for appointment to more than one board or commission but
order of preference shall not be noted and shall not be considered by the city council.
F. The number of members on each board and commission shall be set by the city
council, or in the case of committees, by the establishing body. Refer to the related
municipal code chapter for details regarding a specific board or commission.
2.06.030 Term and term rotation.
A. Unless otherwise provided by law, ordinance or resolution, or unless by the very
nature of a situation, the provisions of this section may not be made applicable, all
members of boards and commissions shall be appointed for three-year terms
commencing on July 1st of the year of appointment.
B. All members of a committee shall be appointed to terms and have term rotations
set by the city council, or the establishing body.
Ordinance No. 546
Amending Chapters 2.06 and 2.29- Relating to Planning Commission Membership
Deleting Chapters 2.30- Eliminating the Architectural and Landscaping Review Board
Adopted: October 4, 2016
Page 6 of 11
C. Interim vacancies shall be filled by appointment for the unexpired term of the
member replaced.
D. These rules shall not apply to a newly established board or commission to which
initial appointments are made on a staggered -term basis.
E. After serving two consecutive three-year terms, or a total of six consecutive years,
on a specific board or commission, that member shall rotate out of that board or
commission and shall not be considered for reappointment to that specific board or
commission until one year has elapsed.
F. Any board or commission member who has been or will be rotated out of one
board or commission, may apply for appointment to any other board or commission
immediately, or anytime thereafter.
G. An exception to the restriction on sequential reappointment to a board or
commission after having served for six consecutive years shall be granted for positions
requiring specific expertise, characteristics, or professional certifications as set by the
city council in past or future actions.
H. Any term for a board, commission or committee may be extended by action of the
city council. Any term for the housing commission may be extended by action of the
housing authority.
2.06.040 Qualifications.
A. Unless otherwise provided by law, ordinance, or resolution of the city council, all
members of boards and commissions of the city shall serve on only one board or
commission at any given time in order to avoid simultaneous memberships.
B. All members of boards and commissions appointed by the city council or the
housing authority shall initially, and during their term(s), be bona fide residents and
registered voters of the city.
C. Exceptions to the resident requirement shall be granted for certain planning
commission positions (see Chapter 2.29).
D. Some boards, commissions and committees require specific qualifications of its
members in order to perform the duties prescribed. If a member ceases to meet the
required qualifications, s/he shall be disqualified from being a member of that board,
commission or committee and a qualified applicant shall be appointed to fill the
remainder of the unexpired portion of his or her term. (Refer to the municipal code
section for each board, commission or committee for details on qualifications
required.)
E. No member of a city board or commission shall bean employee of the city.
F. If a member of any board, commission or committee is convicted of a felony or a
crime involving moral turpitude, his/her office shall become vacant, and shall be so
declared by the city council or housing authority.
Ordinance No. 546
Amending Chapters 2.06 and 2.29 - Relating to Planning Commission Membership
Oeleting Chapters 2.30- Eliminating the Architectural and Landscaping Review Board
Adopted: October 4, 2016
Page ] of 11
2.06.050 Meetings, organization, quorum and rules of procedure.
A. Unless otherwise provided by law, ordinance or resolution of the city council, each
board, commission and committee shall meet once each month or as needed on the
date(s) selected by the board, commission or committee.
B. Special meetings may be called by the chairperson or a majority of the board,
commission or committee in accordance with state law.
C. Unless otherwise provided by law, ordinance or resolution of the city council, a
quorum for each board, commission or committee shall be the majority of existing,
appointed members.
D. Each board, commission and committee shall follow such rules and regulation
established by the city council for the conduct of its business.
E. Unless otherwise provided by law, ordinance or resolution of the city council, each
board, commission and committee shall choose one of its members as chairperson
and one as vice chairperson at its first meeting held after June 30th of each year.
F. Each chairperson and vice chairperson shall have authority and perform such
duties as are commonly associated with their respective titles, or as may be specially
prescribed by law or by the bylaws or other rules of the board, commission or
committee.
G. Vacancies in either the chairperson or vice chairperson position occurring prior to
July 1't may be filled as in the first instance, and a new chairperson or vice chairperson
may be chosen at any time by majority vote of all members of the board, commission
or committee.
2.06.060 Compensation.
Compensation for boards or commissions or committees shall be as set by ordinance
or resolution of the city council.
2.06.070 Purpose, powers and duties.
A. The purpose, powers and duties of all boards and commissions are determined by
the city council and set forth in the municipal code section specific to each board and
commission. From time to time, the city council may expand or retract powers and
duties either temporarily or permanently and may, by ordinance or resolution, amend
any chapter or section of this code.
B. The purpose, powers, and duties of all standing and temporary committees shall
be set by the city council or the city -authorized creating entity.
Ordinance No. 546
Amending Chapters 2.06 and 2.29 - Relating to Planning Commission Membership
Deleting Chapters 2.30- Eliminating the Architectural and Landscaping Review Board
Adopted: October4,2016
Page 8 of 11
2.06.080 Compliance with the Political Reform Act.
On an annual basis, in conjunction with the Political Reform Act disclosure statutes
and the city of La Quinta's Conflict of Interest Code, or at any time if a change in
circumstances warrants, each board, commission and committee member will provide
the city council with a disclosure statement, which identifies any matters that have a
bearing on the appropriateness of that member's service. Such matters may include,
but are not limited to, changes in employment, changes in residence or changes in
clients.
2.06.090 Removal from office, limitation on absences.
A. Any member of a board, commission or committee may be removed from office at
any time, with or without cause, by a majority vote of the city council or in the case of
the housing commission, by a majority vote of the housing authority.
B. If any member of a board, commission or committee absents him or herself from
two consecutive regular meetings, or absents him or herself from a total of three
regular meetings within any fiscal year, his/her office shall become vacant and shall
be filled as any other vacancy.
C. A board, commission or committee member may request advance permission
from the city council to be absent at one or more regular meetings due to extenuating
circumstances, and/or may request the city council to excuse an absence after -the -
fact where such extenuating circumstances prevented the member from seeking
advance permission to be absent. If such permission or excuse is granted by the city
council, the absence shall not be counted toward the above -stated limitations on
absences.
2.06.100 Staff support and recordkeeping.
A. All departments of the city, through the office of the city manager, shall furnish
appropriate existing public information, data and records, and provide technical
assistance and advice as required, within reason, as an aid to the boards, commissions
and committees in the performance of designated duties.
B. The city manager shall, within reason or budgetary constraints, provide or cause to
be provided adequate staff and clerical help to all boards, commissions and
committees.
C. The staff and clerical help assigned by the city manager shall maintain accurate
and permanent records of the acts of each board, commission and committee.
D. All boards, commissions and committees shall supply to the city council and/or
housing authority, on request, such information relating to its activities as are public
records.
Ordinance No. 546
Amending Chapters 2.06 and 2.29 - Relating to Planning Commission Membership
Deleting Chapters 2.30 - Eliminating the Architectural and Landscaping Review Board
Adopted: October4,2016
Page 9 of 11
EXHIBIT B
Chapter 2.29 PLANNING COMMISSION
2.29.010 General rules regarding the planning commission.
Except as set out below, see Chapter 2.06 for general provisions.
2.29.020 Number of members.
The planning commission shall consist of seven members appointed by, and serving at
the will of the city council.
2.30.030 Qualifications of members.
A. In addition to the qualification requirements set forth in Section 2.06.040, it is
required that two members ("professional member") have a strong background in
architecture or landscape architecture.
B. The city council may appoint nonresidents as professional members when, in the
judgment of the city council, there is a lack of applications from qualified city
residents.
2.29.040 Powers and duties.
Pursuant to Section 65100 et seq., of the California Planning and Zoning Law, there is
established for the city a planning agency, consisting of a planning department, a
planning commission, and the city council acting in combination. The planning
commission shall have the powers, functions and duties prescribed in the Planning
and Zoning Law, and in the La Quints zoning ordinance and in this code and other
local ordinances; provided, that it shall not exercise any direct contracting authority as
specified in Section 65007 of the Planning and Zoning Law.
2.29.050 Committees.
The planning commission shall be authorized to appoint and fix the membership of
such number of standing and temporary committees as it may find expedient for the
performance of its duties.
Ordinance No. 546
Amending Chapters 2.06 and 2.29 - Relating to Planning Commission Membership
Deleting Chapters 2.30 - Eliminating the Architectural and Landscaping Review Board
Adopted: October4,2016
Page 10 of 11
Ordinance No. 546
Amending Chapters 2.06 and 2.29- Relating to Planning Commission Membership
Deleting Chapters 2.30 - Eliminating the Architectural and Landscaping Review Board
Adopted: October 4, 2016
Page 11 of 11
STATE OF CALIFORNIA
COUNTY OF RIVERSIDE
CITY OF LA QUINTA
I, SUSAN MAYSELS, City Clerk of the City of La Quinta, California, do hereby certify the
foregoing to be a full, true, and correct copy of Ordinance No. 546 which was
introduced at a regular meeting on the 201h day of September 2016, and was adopted
at a regular meeting held on the 4m day of October 2016, not being less than 5 days
after the date of introduction thereof.
I further certify that the foregoing Ordinance was posted in three places within the
City of La Quinta as specified in the Rules of Procedure adopted by City Council
Resolution No. 2014-013.
� V r 4U
SUSAN MAYSELS, City C16ilk
City of La Quinta, California
DECLARATION OF POSTING
I, SUSAN MAYSELS, City Clerk of the City of Lo Quinta, California, do hereby certify that
the foregoing ordinance was posted on Octoberllf, 2016, pursuant to Council
Resolution.
SUSAN MAYSELS, City Cldjk
City of Lo Quinta, California