ORD 516ORDINANCE NO. 516
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF LA QUINTA, CALIFORNIA, AMENDING CHAPTERS
2.06, 2.29, 2.70, 2.80, 2.95, 7.04 AND 8.01 AND
ADDING CHAPTERS 2.30, 2.35 AND 2.40 RELATING TO
THE RULES AND REGULATIONS FOR CITY BOARDS,
COMMISSIONS AND COMMITTEES
WHEREAS, Chapters 2.06, 2.29, 2.70, 2.80, 2.95, 7.07 and 8.01 of the La
Quinta Municipal Code (`Code") set forth the general and specific rules relating to
boards, commissions and committees of the City of La Quinta ("City"); and
WHEREAS, the City finds that it would be beneficial to applicants to boards,
commission and committees as well as the citizens of the City, to change and
standardize certain rules relating to terms, term rotation, and the appointment
process; and
WHEREAS, the City finds that renaming the Architectural and Landscaping
Review Committee to Architectural and Landscaping Review Board is warranted to
accurately designate the group based on Code definitions; and
WHEREAS, the City finds that broadening the criteria for the professional
positions of the Architectural and Landscaping Review Board and the Construction
Board of Appeals will better serve the purposes of those boards by increasing the
applicant pool thereby providing the knowledge necessary to perform assigned
duties; and
WHEREAS, the City finds that Chapters relating to boards, commissions and
committees are found in several areas of the Code and that consolidating them all
into Title 2 by deleting section 2.29.040, chapter 7.04 and section 8.01.020 and
adding chapters 2.30, 2.35 and 2.40 improves the clarity and ease of use of the
Code; and
WHEREAS, the City finds that it would further improve the clarity and ease
of use of the Code to consolidate and move all general rules that apply to all or
most boards, commissions and committees into Chapter 2.06, leaving only matters
specific to a particular board, commission or committee in the Chapter related to
that board, commission or committee; and
NOW, THEREFORE, the City Council of the City of La Quinta does ordain as
follows:
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SECTION 1. Chapter 2.06 of the Code entitled BOARDS, COMMISSIONS AND
COMMITTEES is deleted in its entirety and replaced with revised Chapter 2.06
attached hereto as Exhibit A.
SECTION 2. Section 2.29.040 of the Code entitled ARCHITECTURAL AND
LANDSCAPING REVIEW COMMITTEE is deleted in its entirety and replaced with
the new Chapter 2.30 attached hereto at Exhibit B.
SECTION 3. Chapter 2.29 of the Code entitled PLANNING COMMISSION is
deleted in its entirety and replaced with revised Chapter 2.29 attached hereto as
Exhibit C.
SECTION 4. Chapter 2.65 of the Code entitled ART IN PUBLIC PLACES is revised
to replace all references therein to "cultural arts commission" to read "community
services commission", and to change the reference noted in Section 2.65.030(E) to
"Section 2.75.030" to read "Chapter 2.95".
SECTION 5. Chapter 2.70 of the Code entitled INVESTMENT ADVISORY BOARD
is deleted in its entirety and replaced with revised Chapter 2.70 attached hereto as
Exhibit D.
SECTION 6. Chapter 2.80 of the Code entitled HOUSING COMMISSION is deleted
in its entirety and replaced with revised Chapter 2.80 attached hereto as Exhibit E.
SECTION 7. Chapter 2.95 of the Code entitled COMMUNITY SERVICES
COMMISSION is deleted in its entirety and replaced with revised Chapter 2.95
attached hereto as Exhibit F.
SECTION 8. Chapter 7.04 of the Code entitled HISTORIC PRESERVATION
COMMISSION is deleted in its entirety and replaced with new Chapter 2.35
attached hereto as Exhibit G.
SECTION 9. Section 8.01.020 of the Code entitled ESTABLISHMENT OF BOARD
OF APPEALS is deleted in its entirety and replaced with new Chapter 2.40
attached hereto as Exhibit H.
SECTION 10. EFFECTIVE DATE: This Ordinance shall be in full force and effect
thirty (30) days after its adoption.
SECTION 11. POSTING: The City Clerk shall, within 15 days after passage of this
Ordinance, cause it to be posted in at least two public places designated by
resolution of the City Council, shall certify to the adoption- and posting of this
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Ordinance, and shall cause this Ordinance and its certification, together with proof
of posting to be entered into the Book of Ordinances of the City of La Quinta.
PASSED, APPROVED and ADOPTED, at a regular meeting of the La Quinta
City Council held this 16t' day of July 2013, by the following vote:
AYES: Council Members Evans, Franklin, Henderson, Osborne, Mayor Adolph
NOES: None
ABSENT: None
ABSTAIN: None
o� A4,9"- -
DON ADO P , Ma r
City of La Quinta, California
ATTEST:
SUSAN MAYSELS, qy Clerk
City of La Quinta, California
(CITY SEAL)
A ROVED AS TO `ORM:
AT ERINE ENSON, City Attorney
City of La Quinta, California
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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 Quinta 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 2.06.020r_
C. The city council shall make appointments to vacancies of oper%\session of `a
regular or special city council meeting. The housing authority_ stiall 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.
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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 1" 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.
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.
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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 historic
preservation commission positions (see Chapter 2.35) and certain architectural
and landscaping review board positions (see Chapter 2.30).
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/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 be an 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.
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.
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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 number as
chairperson and one as vice chairperson at its first meeting held after June 3011h
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 1st 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, 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.
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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/herself from
two (2) consecutive regular meetings, or absents him/herself from a total of
three (3) 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.
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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.
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EXHIBIT B
Chapter 2.30
ARCHITECTURAL AND LANDSCAPING REVIEW BOARD
2.30.010 General Rules Regarding the Architectural and Landscaping
Review Board
Except as set out below, see Chapter 2.06 for general provisions.
2.30.020 Number of Members
The architectural and landscaping review board (ALRB) shall consist of three
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
preferred, although not required, that two members of the ALRB have expertise
in the areas of architecture, landscape architecture or planning.
B. It is required that the third member ("professional member") have a strong
background in architecture or landscape architecture.
C. 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.
2.30.040 Powers and Duties
A. The ALRB shall meet only one time on a given project.
B. The ALRB, upon determination of the planning director, shall consider a
structure or landscape design and make recommendations as to design issues to
be included in the staff report to the planning commission.
C. The recommendations of the ALRB shall be advisory only and not binding on the
planning commission.
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D. The ALRB, upon the determination of the planning director, shall consider
commercial property improvement program applications.
2.30.050 Meetings
The ALRB shall meet as needed, as determined by the planning director.
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EXHIBIT C
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 five members appointed by, and serving
at the will of the city council.
2.29.030 Powers and Duties
Pursuant to Section 65100 at 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 Quinta 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.
2.29.040 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.
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EXHIBIT D
Chapter 2.70
INVESTMENT ADVISORY BOARD
2.70.010 General Rules Regarding the Investment Advisory Board
Except as set out below, see Chapter 2.06 for general provisions.
2.70.020 Number of Members
The investment advisory board ("IAB") shall consist of five members appointed by,
and serving at the will of the city council.
2.70.030 Qualifications of Members
A. In addition to the qualification requirements set forth in section 2.06.040,
applicants for the IAB should have a verifiable background in finance and/or
securities, preferably with knowledge and/or experience in markets, financial
controls and accounting for securities.
B. Background information will be requested and potential candidates must agree
to a background check and verification by the city manager or his/her designee.
2.70.040 Powers and Duties
A. The principal functions of the IAB are:
1. review at least annually the city's investment policy and recommend
appropriate changes;
2. review monthly the treasury report and note compliance with the investment
policy and adequacy of cash and investments for anticipated obligations;
3. receive and consider other reports provided by the city treasurer;
4. meet with the independent auditor after completion of the annual audit of
the city's financial statements, and receive and consider the auditor's
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comments on auditing procedures, internal controls, and findings for cash
and investment activities, and
5. serve as a resource for the city treasurer on matters such as proposed
investments, internal controls, use of change or change of financial
institutions, custodians, brokers and dealers.
B. The IAB will report to the city council after each meeting either in person or
through correspondence at a regular city council meeting.
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EXHIBIT E
Chapter 2.80
HOUSING COMMISSION
2.80.010 General Rules Regarding the Housing Commission
Except as set out below, see Chapter 2.06 for general provisions.
2.80.020 Number of Members
The Housing Commission ("Commission") shall consist of five members appointed
by, and serving at the will of the La Quinta Housing Authority ("Authority").
2.80.030 Qualifications of Members
In addition to the qualification requirements set forth in section 2.06.040, and
pursuant to California Health and Safety Code Section 34290, the Commission
shall be comprised of the following:
• one member shall be a tenant of the Authority;
• one member shall be a tenant of the Authority who shall be over sixty-two
years of age, if the Authority has tenants over that age, and;
• three members shall be city residents.
2.80.040 Powers and Duties
A. The Commission shall have the authority and the duty to review and make
recommendations on all matters to come before the Authority prior to Authority
action, except emergency matters and matters that the Commission, by
resolution, excludes from Commission review.
B. Before a matter is acted upon by the Authority, the matter shall be submitted to
the Commission for its review and recommendations.
C. Within thirty (30) days after a matter is submitted to the Commission for its
review and recommendation, the Commission shall make and file its report
thereon with the Authority. If the Commission does not report upon the matter
within thirty (30) days after its submission by the Authority, the Commission
shall be deemed to have.waived its review and recommendations concerning the
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matter and the Authority may thereafter take action on the matter without the
report of the Commission.
2.80.050 Compensation
Each commissioner shall be entitled to a per diem payment for attendance at not
more than one Commission meeting per month at a rate of fifty dollars per meeting.
2.80.060 Disclosure of Interest by Commissioners
A. In addition to complying with the Political Reform Act as set forth in section
2.06.080, no member of the Commission shall acquire any direct or indirect
interest in any housing project or any property included or planned to be
included in any project, nor shall s/he have any direct or indirect interest in any
contract or proposed contract for materials or services to be furnished or used
in connection with any housing project. If s/he owns or controls a direct or
indirect interest in any such property, s/he shall immediately make a written
disclosure of it to the Authority and such disclosure shall be entered upon its
minutes. Failure to disclose his/her interest constitutes misconduct in office.
B. Nothing contained in this section or any provision of the Housing Authorities
Law shall be construed as precluding a tenant of the Authority from serving as a
commissioner of the Commission, provided that the fact of such tenancy is
disclosed to the Authority in writing and entered upon its minutes immediately
upon assuming office; nor shall any provisions of this section be construed as in
any manner prohibiting. the right of such tenant commissioner to exercise his/her
full powers vested in his/her office.
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EXHIBIT F
Chapter 2.95
COMMUNITY SERVICES COMMISSION
2.95.010 General Rules Regarding the Community Services
Commission
Except as set out below, see Chapter 2.06 for general provisions.
2.95.020 Number of Members
The community services commission ("CSC") shall consist of five members
appointed by, and serving at the will of the city council.
2.95.030 Qualifications of Members
In addition to the qualification requirements set forth in section 2.06.040,
applicants for the CSC shall exhibit expertise, experience, knowledge, or similar
assets that may be useful in serving on this commission.
Every effort will be made to ensure that a wide cross-section of community
residents, interests and viewpoints, including providers, recipients and
professionally -related occupations are represented. Community service
organizations, public and private, such as law enforcement, recreation, public
health, gang prevention, childcare, and senior services, for example, may be
represented.
2.95.040 Purpose and Objectives
The general purposes of the commission are to encourage the development of a
planned and orderly approach to the delivery of leisure and community services in
the city, to advise the city council with respect to the city's development of
cultural arts, including cultural events and activities, and to promote the literary,
performing and visual arts.
The commission shall also maintain and implement the La Quinta Art in Public
Places Program subject to approval of the city council.
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Objectives of the commission are as follows:
A. To serve in an advisory capacity to the city council to identify community
needs for recreation and social services;
B. To serve in an advisory, capacity to the city council on all matters pertaining
to community services and public recreation, including the management,
conduct, care and development of the parks and playgrounds in the city;
C. To advise the city council on matters affecting the cultural arts of the city, to
advise and assist other city boards, committees. and commissions in the field of
the arts, and to cooperate and work with cultural art organizations;
D. To encourage and facilitate programs in the arts thereby promoting cultural
enrichment of the community;
E. Cultural arts as used in this section may involve cultural and arts -related
disciplines and.activities, including, but not limited to, the following:
1. Performing arts, such as drama, music and dance,
2. Visual arts, such as painting, sculpture, photography, graphics, video art,
applied art and public art,
3. Literary arts, such as literature, poetry, and journalism,
4. Communications arts involving film, television, radio, and technology, and
5. Recommending funding opportunities for cultural programs and activities.
2.95.050 Powers and Duties
The powers and duties of the community services commission shall be advisory to
the city council in the following areas:
1. Analyze community services' program effectiveness and needs, and
recommend comprehensive solutions;
2. Make recommendations to the city council for research and solicitation of
grants and donations;
3. Prepare and maintain community services master plans;
4. Receive and act on all assignments made by the city council, and submit
reports and recommendations to the city council on these assignments;
5. Serve as a public forum and conduct public hearings for recreation and
human service concerns;
6. Make recommendations to the city council on fees and operations and
policies regarding parks and recreation facilities;
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7. Make recommendations to the city council on parks and recreation
facilities and program budget issues;
8. Propose recreation and social programs;
9. Make recommendations to the city council on how to disseminate,
publicize and promote recreation programs to the citizens of La Quinta;
10. Review parks' maintenance standards and quality;
11. Review individual park master plans for recommendation to city
council;
12. Aid in coordinating the recreation services of other governmental
agencies and volunteer organizations;
13. Make recommendations to the city council on community issues;
14. Make recommendations to the city council relating to the need for
evaluation and planning of the community service delivery system;
15. Recommend to the city council and upon authorization conduct such
programs as, in the opinion of the commission, will increase goodwill and
participation among residents of the community;
16. Encourage and promote understanding and cooperation between the public
safety agencies and the residents;
17. Foster mutual understanding and respect among racial, religious, cultural
and nationality groups; and
18. Evaluate and make recommendations concerning existing services with
regard to service overlap or gaps;
19. Analyze city cultural arts programs' effectiveness and needs, and
recommend to the city council comprehensive solutions;
20. Make recommendations for research and solicitation of grants and
donations;
21. Make recommendations to the city council concerning the resources and
needs of the community on the subject of the arts, opportunities for
participation of artists and performers in city -sponsored activities, and
ways to encourage community involvement;
22. Make recommendations to the city council regarding the funding of
community art events and activities, and regarding the disbursement of
revenues consistent with the needs of the community;
23. Work cooperatively with city boards, commissions and committees, and
other public and private organizations in promoting art and cultural
activities within the city;
24. Encourage public and private partnerships;
25. Encourage art and cultural activities among residents of the city;
26. Implement such art and cultural activities as may be delegated to it from
time to time by the city council, including the selection of artists for art
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programs and projects, and the award of contracts for art projects and
programs;
27. Develop public art awareness through the presentations of speakers,
forums, and special events;
28. Maintain and implement the Art in Public Places Strategic Plan subject to
approval by the city council. To the extent possible, the plan shall identify
art sites, artwork and estimates of cost for the artwork and art sites;
29. The commission will submit to the city council a recommendation for
ratification of public art to be financed by the art in public places program;
30. The commission will work with city staff to develop a list of possible
public art sites;
31. The commission will seek ways of procuring public art through fees,
endowments, donations, loan programs, trusts and similar means of
support; and
32. The commission will make recommendations to the city council for the
commissioning of artworks, the purchase or lease of art sites, agreements
for the purchase and display of artwork, or the repair, maintenance or
servicing of artwork.
2.95.060 Committees
The CSC may, from time to time, establish committees composed of CSC
members, citizens and/or interested people, charged with the responsibility of
implementing certain designated projects subject to CSC and city council approval.
At least one member of the CSC shall also be a member of each committee.
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EXHIBIT G
Chapter 2.35
HISTORIC PRESERVATION COMMISSION
2.35.010 General Rules Regarding the Historic Preservation
Commission
Except as set out below, see Chapter 2.06 for general provisions.
2.35.020 Number of Members
The historic preservation commission ("HPC") shall consist of five members
appointed by, and serving at the will of the city council.
2.35.030 Qualifications of Members
A. All members of the HPC shall have a demonstrated interest in and knowledge of
historic preservation and the cultural resources of the city.
B. Three HPC members shall be appointed from among professionals in the
disciplines of architecture, history, architectural history, planning, or other
historic preservation -related disciplines, such as urban planning, American
studies, American civilization, cultural geography or cultural anthropology.
C. 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.
D. Two HPC members shall be lay members who have demonstrated special
interest, competence, experience or knowledge in historic preservation,
American studies, cultural anthropology, cultural geography or other historic
preservation -related discipline.
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2.35.040 Powers and Duties
A. The HPC shall act in an advisory capacity to the city council and planning
commission in all matters relating to the identification, protection, retention, and
preservation of historic areas and sites within the city.
B. It shall be the responsibility of the HPC to provide advice to the city council on
the following matters:
1. Criteria for guidelines to be used in a comprehensive historic survey of
properties within the city;
2. The designation of historic landmarks or historic districts;
3. Historic sites and areas to be considered for listing on La Quinta's historic
resources inventory;
4. The adoption of standards to be used by the commission in reviewing
applications for permits to construct, change, alter, modify, remodel,
remove or significantly affect any historic resource;
5. The purchase of interests in property for purposes of historic preservation;
6. Any other matter which the city council deems necessary to protect
historic resources.
C. The HPC shall be responsible for:
1. Reviewing the conduct of land use, housing and redevelopment, municipal
improvement and other types of planning and programs undertaken by any
agency of the city, the county or state, as they relate to the historic
preservation of the community;
2. Publicizing and periodically updating survey results;
3. Maintaining La Quinta's historic resources inventory;
4. Maintaining a local register of historical areas and sites within the city;
5. Performing any other functions that may be designated by the city council;
6. Investigating and making recommendations to the city council on the use
of various federal, state, local or private funding sources and mechanisms
available to promote historic resource preservation in the city;
7. Approval or disapproval, in whole or in part, or approval with conditions of
applications for permits pursuant to Chapter 7.08 of this Code;
8. Reviewing all applications for permits and environmental documents
pertaining to local, state or federal designated or potentially designated
historic resources. The planning and development department shall forward
all such documents to the commission for review and comment, prior to
review and approval by the planning commission as appropriate;
9. Reviewing the actions and proposed actions and advising on environmental
review processes of all city departments and public agencies concerning
Ordinance No. 516
All Chapters re: Boards & Commissions
Adopted: July 16, 2013
Page 23
the effects of their actions, programs, capital improvements, or activities
on designated and potential historic resources within the city;
10. Considering whether denial of certificates of appropriateness (permits)
affecting cultural resources results in economic hardship to the property
owner according to the procedures outlined in Chapter 7.08;
11. Cooperating with local, county, state and federal governments in the
pursuit of the objectives of historic resource preservation;
12. Assuming whatever responsibilities and duties may be assigned to it by the
state under the certified local government provisions of the National
Historic Preservation Act of 1966 as amended;
13. Providing opportunities for direct public participation in all responsibilities
delegated to the certified local government, including the survey and
National Register nomination process. Commission meetings shall be open
to the public with published agendas and minutes in accordance with the
California Open Meeting Act. The published agenda shall be mailed in
advance of meetings to individuals and citizen organizations interested in
the commission's activities;
14. Rendering advice and guidance, upon the request of the property owner or
occupant, on the restoration, alteration, decoration, landscaping or
maintenance of any historic resource, including landmarks, landmark sites,
historic districts or neighboring properties within public view;
15. Rendering advice and guidance to property owners or occupants on
procedures for inclusion of a historic resource on the National Register of
Historic Places, and encouraging such inclusions;
16. Participate in, promote and conduct public information, educational and
interpretive programs pertaining to historic resource preservation;
17. Undertaking any other action or activity necessary or appropriate to the
implementation of its power or duties to fulfill the objectives of historic
resource preservation.
Ordinance No. 516
All Chapters re: Boards & Commissions
Adopted: July 16, 2013
Page 24
10Nawl l ]rA:I
Chapter 2.40
CONSTRUCTION BOARD OF APPEALS
2.40.010 General Rules Regarding the Construction Board of Appeals
Except as set out below, see Chapter 2.06 for general provisions.
2.40.020 Purpose
The purpose of the Construction Board of Appeals ("CBA") shall be to conduct
hearings to determine the suitability of alternate materials and methods of
installation.
2.40.030 Number of Members
The CBA shall consist of five members appointed by, and serving at the will of the
city council.
2.40.040 Qualifications of Members
A. The CBA shall be comprised of the following professional positions that shall be
qualified by experience and training:
• One general contractor
• Two registered professional engineers or architects
• One specialty contractor
B. The fifth CBA member shall be a member of the public who is not one of the
foregoing.
2.40.040 Powers and Duties
A. Any person aggrieved by a decision of the building and safety department
related to any matter within the purview of Chapter 8.01 of the code, shall have
the right to appeal the decision to the CBA.
Ordinance No. 516
All Chapters re: Boards & Commissions
Adopted: July 16, 2013
Page 25
B. The appeal shall be filed with the building official within ten days after the
rendering of the decision affecting the aggrieved person. Grounds for the
appeal shall be set forth in writing.
C. The secretary of the CBA, assigned pursuant to section 2.06.100, shall set the
time and place for a hearing on the appeal, and notice of the hearing shall be
given to the appellant by mailing it to him/her, postage prepaid, at his/her last
known address, at least five calendar days prior to the date set for the hearing.
D. The decision of the CBA shall not become final until ten days after the CBA has
made its determination in order to allow time for an appeal of the CBA's
decision to be made to the city council.
Ordinance No. 516
All Chapters re: Boards & Commissions
Adopted: July 16, 2013
Page 26
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ► ss.
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. 516
which was introduced at a regular meeting on the 2"d day of July 2013, and was
adopted at a regular meeting held on the 16' day of July 2013, 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 City Council Resolution No. 2006-1 15.
��
SUSAN MAYSELS, Cit Clerk
City of La Quinta, California
DECLARATION OF POSTING
I, SUSAN MAYSELS, City Clerk of the City of La Quinta, California, do hereby
certify that the foregoing ordinance was posted on July 17, 2013 pursuant to
Council Resolution.
SUSAN MAYSELS, Cit lark
City of La Quinta, California