1997 AGN FEB 04 I12 - Laserfiche WebLink

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Y AGENDA REPORT CITY OF COLTON For City Council Meeting of February 4, 1997 January 28, 1997 TO: MAYOR GAYTAN, CITY COUNCIL AND CITY MA NAG QOM: Julie Hayward Biggs, City Atto SUBJECT: Revision to Commissioner Appointment Ordinance At the request of Mayor Gaytan, pursuant to his authority under the Council Manual of Procedure Section I-1, I have prepared the attached ordinance for consideration of the City Council. As you are aware, some controversy has arisen recently regarding the current provisions of the Commissioner Appointment Ordinance (Chapter 2.30 of the Colton Municipal Code). In researching state and local law after questions were raised about appropriate procedures for appointing and removing members of City commissions and committees, the provisions of Section 40605 came to light. That statute provides as follows: "In general law cities where the office of mayor is an elective office pursuant to Article 5 (commencing with Section 34900) of Chapter 7 of Part 1 of Division 2 of Title 4, the mayor, with the approval of the city council shall make all appointments to boards, commissions and committees unless otherwise specifically provided by statute. " You may recall that our current ordinance specifically exempts the Library Board and the Mobile Home Rent Review Commission from its provisions as special statutory or ordinance requirements apply to those entities. All other boards, commissions and committees established by the City Council or the Mayor are subject to the provisions of Chapter 2.30. Chapter 2.30 provides that each member of the City Council may nominate individuals to serve on the various boards and commissions of the City. Those nominations are then subject to ratification by the City Council. While our current ordinance complies with the requirement that such appointments be approved by the entire City Council, it does not comply with the corollary requirement that the Mayor make all such appointments. To clarify this point, and to conform our ordinance to state law, the attached amendment to our ordinance is required. In discussing this matter with Mayor Gaytan, he indicated that although state law permits him full discretion in making such appointments so long as they are approved by the City Council, he would prefer a system where each Councilmember first recommends individuals to him for appointment to boards or commissions so that in every Item No, 12