Laserfiche WebLink
Staff Report to the Mayor and City Council <br />Possible Reorganization of Boards and Commissions <br />December 21, 2010 <br />Page 2 <br />ISSUES/ANALYSIS <br />PLANNING COMMISSION AND LIBRARY BOARD <br />California law requires the existence of both a planning agency and a library board (when <br />municipal libraries exist under the Education Code). Neither of these commissions may be <br />abolished. However, California Government Code Section 65100 specifically allows the City <br />Council to act itself as the City planning agency, so the members of the City Council may also <br />serve as planning commissioners. <br />California Education Code Section 18910 requires the existence of a library board of trustees, <br />but is silent on the requirements for its membership. Section 18910 simply states that the public <br />library shall be managed by a board of library trustees, consisting of five members to be <br />appointed by the mayor with the consent of the legislative body. 18911. The trustees shall hold <br />office for three years. Although the Education Code is silent on whether the City Council may <br />appoint itself to act as the library board, if the City Council wishes to consider this option, staff <br />will need to do some additional research to determine any potential issues of incompatible <br />offices or conflicts of interest, since there are some independent financial aspects of managing <br />the library. <br />OTHER CITY BOARDS AND COMMISSIONS <br />With regard to other City Boards and Commission, the City Council has previously delegated <br />some of its powers by various ordinances, thereby creating the Recreation and Parks <br />Commission, the Cemetery Commission, the Community Facilities District Commission, the <br />Utilities Commission, the Code Enforcement and Housing Appeals Board, the Civil Service <br />Board, the Historic Preservation Commission, and the Mobile Home Rent Review Commission. <br />Each of these Boards and Commissions was created by ordinance of the City Council as a valid <br />delegation of its power. Accordingly, the City Council should be able to recover that delegated <br />power by repealing the ordinance creating a particular Board or Commission. The power would <br />then reside back in the City Council, who may take up necessary matters as part of general City <br />business. If the City Council considers moving in this direction for any particular Board or <br />Commission, staff would research the needed actions, and verify that no other related issues <br />would be created by such actions. <br />APPOINTING CITY COUNCIL MEMBERS AND MAYOR TO OTHER CITY BOARDS AND COMMISSIONS <br />The Colton Municipal Code prohibits a person from serving on more than one City Commission <br />(Municipal Code Section 2.30.060). If the City Council wishes to appoint itself to any of the <br />existing Boards or Commissions, the City Council would likely need to amend the appropriate <br />terms of Chapter 2.30. <br />