HomeMy WebLinkAboutItem No. 1CITY OF
LADE t7LSIIYC
DREAM EXTREMES
REPORT TO PLANNING COMMISSION
TO: HONORABLE CHAIRPERSON
AND MEMBERS OF THE PLANNING COMMISSION
FROM: WARREN MORELION, AICP
ACTING COMMUNITY DEVELOPMENT DIRECTOR
DATE: MAY 15, 2012
SUBJECT: CITY OF LAKE ELSINORE HISTORIC PRESERVATION -
FOLLOW-UP TO MAY 1, 2012 WORKSHOP
Background
At its May 1, 2012 meeting, the Planning Commission held a workshop regarding
historic preservation within the City of Lake Elsinore. The Planning Commission
discussed the need for a establishing a process for identifying historic properties within
the City and establishing criteria for determining whether such properties should be
preserved. The Commission was also concerned that any preservation regulations that
are established allow for the demolition of structures where preservation is not
practicable and demolition is the most appropriate action.
The Commission was advised that on September 28, 1982 the City Council adopted
Resolution No. 82-67 establishing a Historic Preservation Commission as an official
commission of the City of Lake Elsinore. However, Resolution No. 82-67 was never
implemented and provisions for a Historic Preservation Commission were never
codified. The Planning Commission suggested that in light of what other cities are
doing that it was time to update the City's Municipal Code to address historic
preservation. The Commission also discussed the possibility of creating an Ad Hoc
Committee to develop draft regulations and procedures regarding historic preservation.
The Commission continued the matter to its May 15, 2012 meeting in order for Planning
Staff to present a recommendation for consideration by the Planning Commission. The
May 15 meeting will also include the tour of the Lake Elsinore Historical Society
Museum, located in the basement of the Cultural Center that had originally been
scheduled for May 1.
PC May 15, 2012 Item No. 1
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CITY OF LAKE ELSINORE HISTORICAL PRESERVATION
MAY 15, 2012
PAGE 2OF4
Following the workshop, Planning Staff spoke with Ruth Atkins, Barbara Middlebrook
and Joyce Hohenadl of the Lake Elsinore Historical Society to discuss options for
addressing historic preservation within the City.
Discussion
The Planning Commission discussed several approaches and concerns regarding
future historic preservation. The following discussion addresses some of the
suggestions and concerns raised by the Commission:
Historic Preservation Committees
Planning Staff completed a review of the procedures of a number of cities within the
Inland Empire and elsewhere in southern California. While most cities have appointed
specific historic preservation commissions/boards, a few have delegated that function to
their Planning Commission. Among those with separate commissions/boards are the
cities of Colton, Riverside, Murrieta, Norco, Pasadena, Rancho Cucamonga, Rialto (with
Historical Society serving in an ad hoc advisory capacity) and San Bernardino. The
cities of Corona and Ontario have their Planning Commissioners serve as the Historic
Preservation Commission. The details and duties for these commissions/boards are
generally set forth in each city's municipal code.
Criteria for Identifying Historical Structures and Procedures for Preservation/Demolition
Many cities have established procedures for the identification of historic resources
within their jurisdiction. Several have established local registers/lists of historic
structures. Similarly, they have set up an application process for the review and
determination as to the appropriateness of structural modifications to identified historic
resources. Often this consists of an application for a "Certificate of Appropriateness."
This application is also used to determine whether demolition of the structure is
acceptable. Some municipal codes establish penalties for demolition without approval
of a certificate of appropriateness.
Mills Act
In 1972, the State of California enacted the Mills Act. The Mills Act is an economic
incentive program to encourage the preservation of historic buildings. Although it is
applicable to any income-producing property, it is considered the single most important
economic incentive program available in California for private property owners of
qualified historic buildings.
The Mills Act grants local governments the authority to establish, administer and
implement Mills Act Historic Preservation Tax Abatement Programs (Mills Act
programs). A Mills Act program must be developed according to two California State
PC May 15, 2012 Item No. 1
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CITY OF LAKE ELSINORE HISTORICAL PRESERVATION
MAY 15, 2012
PAGE 3 OF 4
Codes: California Government Code Sections 50280-50290 and California Revenue
and Taxation Code Sections 439-439.4.
Cities and counties with Mills Act programs are able to enter into contracts with owners
of qualified historic properties. Under the program, property owners receive a significant
reduction in local property taxes in exchange for their promise to actively participate in
restoring, rehabilitating, repairing and preserving their properties. The contract runs for
an initial 10-year term and is self renewed annually for an additional year unless a
notice of cancellation is filed by the owner. In accordance with the Mills Act, the
contract enables City, county, or state officials to periodically inspect properties to
ensure proper maintenance.
Cities within the Inland Empire that have implemented the Mills Act include Claremont,
Colton, Corona, Fontana, Highland, Murrieta, Norco, Ontario, Palm Springs, Rancho
Cucamonga, Riverside, San Bernardino, and Upland.
Creation of an Ad Hoc Committee
The Planning Commission discussed the creation of an Ad Hoc Committee to formulate
recommendations regarding ways in which to increase the importance of historic
preservation within the City of Lake Elsinore. City Attorney Barbara Leibold advised the
Commission that City Council Policy No. 200-513 defines an "ad hoc committee" as
being a committee or board that has a special limited purpose and is established for a
limited period of time. Appointments to the Ad Hoc Committee are made by individual
City Council members with each Council member having an equal number of
appointments and the Mayor appointing the balance of the members. Members of the
Ad Hoc Committee cannot be current members of the City Council, City Commissions
or other Ad Hoc Committees.
Within its designated area of responsibility, the Ad Hoc Committee has the primary role
of advising the City Council on policy matters or reviewing specific issues as directed by
the City Council. Ms. Leibold advised the Planning Commission that it has the ability to
recommend to the City Council that the Council appoint an Ad Hoc Committee to make
recommendations regarding historic preservation.
Recommendation
Staff recommends that the Planning Commission take the following actions:
1. Recommend to the City Council that the Council appoint an Ad Hoc Committee
to evaluate and to make recommendations regarding historic preservation within
the City of Lake Elsinore including, but not limited to, the following:
a. The designation of the Planning Commission as the City's Historic
Preservation Commission.
PC May 15, 2012 Item No. 1
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CITY OF LAKE ELSINORE HISTORICAL PRESERVATION
MAY 15, 2012
PAGE 4OF4
b. The creation of a voluntary advisory council to make recommendations to the
Planning Commission regarding the placement of historic structures and sites
on a City of Lake Elsinore list of historical resources.
c. The creation of a City of Lake Elsinore register/list of designated historical
structures or sites.
d. The establishment of criteria for identifying which structures should be placed
on the City's list of historical resources.
e. The establishment of an application process, such as a Certificate of
Appropriateness, that will allow the Planning Commission to determine and
whether modifications to or the demolition of designated historical structures,
and to approve or deny such applications.
f. Penalties for the unpermitted demolition of designated historic structures.
g. The implementation of the Mills Act within the City of Lake Elsinore.
h. A current inventory of structures and sites within the City of Lake Elsinore and
its sphere of influence that warrant consideration for designation as historical
resources.
Recommend to the City Council that said Ad Hoc Committee consult with the
Planning Commission prior to finalizing and reporting its recommendations to the
City Council.
Alternatively, the Planning Commission may recommend an alternative approach to
address the issues identified in Recommendation 1, above, for consideration by the City
Council.
Prepared by: Richard J. MacHott, LEED Green Associate
Environmental Planning Consultant
Approved by: Warren Morelion, AICP
Acting Community Development Director
Attachments:
1. 1982 Staff Report, Resolution No. 82-67 and related correspondence
2. City Council Policy No. 200-513
PC May 15, 2012 Item No. 1
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0-fy 01 fake Dsi11a'1,e
CITY HALL
130 SOUTH MAIN STREET
LAKE ELSINORE. CALIFORNIA 92330
Telephone (714) 674-3125
REPORT TO CITY COUNCIL
SUBJECT:
t;TY COUNCIL ACTICN;
DATE ....7.
ACTION
Historical Pre ervattion I~,ty/~
DATE: September 17, 1982 PREPARED BY. klro APPROVED BY:1
City Attorney City
Manage
RECOMMENDATION: Adopt proposed.. resolutiran,rtestabli.sl~i~agKs•tovcaese2v2
Commission.
BACKGROUND: Recent events brought to the attention of the Council and
Staff the need to establish a procedure whereby structures
of historical importance in the-City limits could be restc
under "relaxed'building standards as provided by law, and
also the need to clarify the status of a historical societ
in the Valley.
in recent years government at all levels has shown an
increased interest in preserving historical matters.
The Federal Government has enacted the.National Historic
Preservation Act, and in California, the Governor's
Office of Planning and Research issued in 1976 "Historic
Preservation Guidelines" for use by municipalities in
preparing the historical, preservation element in their
general plans.
In 1975 the California Legislature adopted the State
Historical Building Code, Health & Safety Code Sections
18950, et. sec. The stated purpose was to "provide
alternative ,building regulations and building standards
for the regulation, preservation, restoration (including
related reconstruction), or relocation of buildings or
structures designated as historic buildings." The
alternate standards were intended to "facilitate the
restoration or change of occupancy so as to preserve
their original or restored architectural elements and
features, to encourage energy conservation and a cost-
effective approach to preservation, to provide for the.
safety of the building occupants." The Code provides
that a City's Building Department may apply the
provisions of the regular "building standards and
QTTAcNeid ' PC May 15, 2012 Item No. 1
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REPORT TO CITY COUNCIL
SUBJECT: Historical Preservation
September 17, 1982
Page No. 2
BACKGROUND: building regulations, or the alternative building standard
(Continued) and regulations provided by the State Historical Building
Code, or any combination thereof for such buildings. The
Code also notes that requirements concerning access to the'
physically handicapped be handled on "a case-by-case and
item-by-item basis, and shall not be applied to an entire
building or structure without individual consideration of
each item, and shall not be applied to related sites or
areas except upon an item-by-item basis." The Code vests
in the City the authority to determine which buildings or
structures will be designated as "a qualified historical
building or structure" and defines such as "any structure,
collection of structures, and their associated sites deemec;
of importance to the history, architecture or cule_..`
The Code is silent on the exact manner that historical
building or structures are qualified by the local
government jurisdiction, but it would certainly seem to be
appropriate, and also consistent with current City
administrative process, to appoint a Historical Preservatic
Commission, consisting of five members, who would review
applications to qualify a'historical building or structure
under the Code, and forward a recommendation to City Counci
for final action. If the City Council concurred with the
recommendation of the Historical Preservation Commission,.
then the Building Department would have wide discretion in
applying the regular standard, or applying the alternative
standards., but would still allow the Building Department
to exercise its responsibility to protect the public health
safety and welfare.
The proposed resolution establishes the historic Preservati
Commission, provides for five members, appointed in the
same manner as members of the Planning Commission, and
specifically charges the members with responsibilities under
the State Historical Building Code, and also allows the
members to engage in a broad range of other non-binding and
non-expense-incurring activities in the area of historical
preservation.
Turning now to the question of a historical society for the
Valley, it is to be noted that there is a wealth of infor-
mation available in the.public libraries. A recent stroll
through the Riverside Public Library revealed many reference
works in the subject area. A review of the Directory of
Historical Societies and Agencies in the United States and
Canada (11th edition, _.1978),-did not have any listing for
a historical society in the Lake Elsinore area, under any
geographical name which might apply. Everyone recalls that
at one time there was a historical society in the Valley,
although no one currently seems to know whatever became
of it, and recently a group apparently centered in the
PC May 15, 2042 Item No. 1
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REPORT TO CITY COUNCIL
SUBJECT: Historical Preservation
September 17, 1982
Page No. 3
BACKGROUND: Country Club Heights has been formed, which has called
(Continued) itself the Lake Elsinore Valley Historical Society.
Historical societies are not legally regulated, and
therefore several can exist in the same area if there
are sufficient persons interested to form them and make
them operate. They do not have any official status,
right or power, although state law does permit a city
to convey surplus real property with structures of
general historical interests to such societies, providing
that the conveyance contains a condition that the property
is to be restored or preserved for the benefit of the
citizens of the city and that title will revert to the
city in the event that the societneys ~i,eaty
in questioriFo any person or entity which is not a non-
profit corporation involved with preserving and researching
the history of the city.
The real questions seems to concern a use of a name, such
as the "Lake Elsinore Historical Society." Since these
organizations are usually unincorporated, and not engaged
in a business or trade, the law provides that it may
register its name by filing an appropriate claim and
paying the fee, and then it has legal standing to
prohibit unauthorized use of the name and to recover
actual damages in the event that there is unauthorized
use.
In the event there is interest in establishing, or re-
establishing a local historical society, there is a book
entitled A Primer for Local Historical Societies, which
has been published by the American Association for State
and Local History in 1976. The author.'.is Dorothy W. Creigh.
There are also historical societies and similar organization
throughout Riverside County, which would be willing to
provide assistance and guidance.
CONCLUSION: In order to permit the alternate standards.of the State
Historical Building Code to be applied to qualified
historical buildings and structures, such buildings and
structures must be determined by.the City to be of
importance to the history, architecture or culture of
the Valley, and this can most efficiently be accomplished
by establishing a Historic Preservation commission which
would review such applications, and make recommendations
to the City Council, and which would engage a broad range
of related activities....,.,,
PC May 15, 2012 Item No. 1
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-
REPORT TO CITY COUNCIL
SUBJECT: Historical Preservation
September 17, 1982
Page No. 4
FINANCIAL IMPACT: Minimal staff time involved in creating and coordinating
the Commission, plus compensation to Commission members,
if the City Council so provides. The processing and
inspection of projects under the State Historical
Building Code would be 'self-supporting by reason of
the fees paid for such processing.
CITY MANAGER RECOMMENDATION:
In addition to establishment of a Historical Preservation Commission,
it is also necessary to enact an ordinance re: the preservation of
historical buildings. It is recommended that City Council direct
the City Attorney to prepare such an ord~„
PC May 15, 2012 Item No. 1
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RESOLUTION NO. 82-67
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF LAKE ELSINORE, CALIFORNIA ESTABLISHING
THE HISTORICAL PRESERVATION COMMISSION
The City Council of the City of Lake Elsinore, California
resolves as follows:
1. The Historic.Preservation Commission is hereby
established as an official commission of the City of Lake Elsinore.
2. The Historic Preservation Commission shall consist
of five members who shall not be officials or employees of the City;
but who shall reside within the corporate limits of the City of Lake
Elsinore.
3. The members of the Historic Preservation Committee
shall be appointed by the mayor, with the approval of the majority
of the members of the City Council, and may be removed by the Mayor,
at his pleasure, subject to the approval of a'majority of the members
of the City Council.
4. Unless otherwise directed by the Mayor, with approval
of a majority of the City Council, the members of the Historic Preser-
vation Commission shall be appointed for a term of four years.
5. The Historic Preservation Commission shall have the
following powers and duties:
(a) Determine whether buildings or structures
sought to be repaired, altered, restored, rehabilitated, moved or
continued in use, or changed to another use, are qualified historic
buildings or structures within the meaning of the California State
Historical Building Code, Health & Safety Code Sections 18950, et. sec.,
which defines historic buildings or structures as "any structure,
collection of structures, and their associated sites deemed of
importance to the history, architecture, or culture of an area. .
and after making such determination, forward to the City Council a
recommendation that such determination be adopted.
PC May 15, 2012 Item No. 1
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(b) Coordinate and cooperate with local, state and
national organizations and agencies in locating and identifying
historical buildings, structures, landmarks, sites, etc., for
consideration by registers, inventories, or other facilities to
promote the preservation of historical places, and; if appropriate,
to assist in the obtaining of funding for qualified repair, rehabili-
tation and/or restoration of such historic places, subject to City
Council approval, upon recommendation of the Historic Preservation
Commission.
(c) Generally promote and encourage the preservation
of historical places and matters, and provide for increased public
awareness of the importance of preserving the culture and history
of the Valley.
6. No obligations or expenses of any kind shall be
incurred by the Historic Preservation commission unless first
authorized and approved by the City Council in writing, and no
binding agreement or commitment shall be made by the Historic
Preservation Commission unless first authorized and approved by
the City Council in writing.
7. All applicants coming before the Historic
Preservation Commission shall be advised that the determination of
the Historic Preservation Commission is a recommendation which shall
be forwarded to City Council for final decision and action.
8. The City Council may provide for the compensation
of members of the Historic Preservation Commission, which compen-
sation shall be established by resolution.
PASSED, APPROVED AND ADOPTED. this 28th day of September ,
1982.
ATTEST:
l - /
DEBORAH A. NARR Iv'GTON, CI CLE
LERK -
17
J N G. UNSIdORTH, MAYOR
APPROVED AS TO FORM:
JOHN M. PORTER., CITY ATTORNEY
PC May 15, 2012 Item No. 1
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fake &;iptote
•
.'•t i,
CITY HALL
130 SOUTH MAIN STREET
M
LAKE ELSINORE, CALIFORNIA 92330
Telephone (714) 674.3125
October 29, 1982
^3I
Stephen A. Becker, Historian
Riverside County Parks Department
P:O. Box 3507
Rubidoux, California 92519
Dear Mr. Becker:
As you requested, enclosed is a copy of the Resolution adopted by the
City.Council on September 28, 1982, which establishes a Historical
Preservation Commission. The City is currently accepting applications
for membership on the Commission and hopes to formally appoint its
members in the near future.
In addition, the City Council has directed the City Attorney to prepare
an Ordinance enabling the preservation of historical buildings. This
Ordinance should also be forthcoming.
At this time, no staff member has been officially appointed to staff
the Historical Commission. Until such an appointment is made, please
feel free to call me for any information you may need.
Sincerely,
Robb Steel
Administrative Assistant
to the City Manager
RRS/hs
P(~ May 15, 2012 Item No. 1
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CITY OF LAKE ELSINORE, CALIFORNIA
COUNCIL POLICY MANUAL
SUBJECT: Ad Hoc Committee Policy No. 200-5B
Appointments Effective Date: 11/03/04
Revised: 9/12/06
Page No. I of 9
For purposes of this Policy, the term ",4d Hoc Committee" shall have the meaning set
forth below:
An "Ad Hoc Committee" shall be a committee or board that has a special limited
purpose and is established for a limited period of time. Unless otherwise directed,
Ad Hoc Committees shall be established by resolution of the City Council. In
establishing an Ad Hoc Committee, the City Council will establish the time frame
pursuant to which the Committee shall complete its mission which time frame
should not exceed 18 months subject to reasonable extensions approved by the
City Council.
BACKGROUND
The City of Lake Elsinore currently has three Ad Hoc Committees: the Redevelopment
Advisory Committee, the Electoral Reform Committee, and the Country Club Heights
Committee. Former Ad Hoc Committees include the Palm Tree Committee and the
Homeless Committee. Within specific areas of responsibility, each advisory body has a
primary role of advising the City Council on policy matters or reviewing specific issues
as directed by the City Council.
The City has adopted a City Council Policy Manual which includes City Council Policy
Nos. 100-2 (Code of Ethics), 100-3 (Anti-Discrimination), 200-2 (Open Meetings -
Brown Act), and 200-3 (Conflict of Interest) which specified policies are also applicable
to all advisory bodies. A copy of these Policies shall be provided to all appointed Ad
Hoc Committee members.
PURPOSE
To define policies and procedures for the appointment by the City Council of members of
Ad Hoe Committees.
PC May 15, 2012 Item No. 1
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CITY OF LAKE ELSINORE, CALIFORNIA
COUNCIL POLICY MANUAL
SUBJECT: Ad Hoc Committee Policy No. 200-511
Appointments Page No. 2 of 9
IV. POLICIES AND PROCEDURES APPLICABLE TO AD HOC
A. General; Methods of Selection
1. General. The City Council shall establish an Ad Hoc Committee
by resolution. Appointments shall be discussed and made in open
session.
2. Method of Selection. Each City Council member shall be entitled
to appoint one person to the Ad Hoc Committee. In the event the
Committee consists of more than five (5) members, each City
Council member shall have an equal number of appointments, with
the Mayor appointing the balance of the members.
3. Staff. As each Ad-Hoc Committee is established and members are
appointed, the City Council shall make clear what level of staff
support is to be provided to the Committee and whether the staff or
committee appointed secretary shall be responsible for keeping
minutes of Committee meetings.
B. Qualifications; Compensation
1. Qualifications.
i. The Resolution establishing the Ad Hoc Committee shall
specify that members shall be at least 18 years of age and such
other qualifications as the City Council deems necessary and
appropriate.
ii. Members of the City Council, City Commissions or other
Ad Hoc Committees are disqualified for membership in any other
Ad Hoc Committee. No person shall be a concurrent member of
more than one Commission or Ad Hoc Committee; provided,
however, that persons serving on multiple commissions or
committees as of the date of adoption of this Policy 200-5A shall
be exempt from this prohibition
PC May 15, 2012 Item No. 1
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CITY OF LAKE ELSINORE, CALIFORNIA
COUNCIL POLICY MANUAL
SUBJECT: Ad Hoc Committee
Appointments
Policy No. 200-5B
Page No. 3 of 9
iii. Ad Hoc Committee members shall be permitted to retain
membership while seeking any elective office. However, members
shall not use the meetings, functions or activities of such bodies for
purposes of campaigning for elective office.
2. Compensation. Committee members serve on a voluntary basis
without compensation.
C. Term
Each member appointed to serve on an Ad Hoc Committee shall serve
until the Committee completes its mission as determined by the City
Council and/or Redevelopment Agency Board.
D. Officers
The Chair of an Ad Hoc Committee shall be appointed by the Mayor. At
the discretion of the Committee, it may appoint a Vice Chair and/or other
officers. If the City Council and/or Redevelopment Agency Board have
not assigned support staff to assist the Committee in its duties, the
Committee shall appoint a Secretary to keep records of Committee
meetings.
E. Appointments/Oaths
1. The City Council is the appointing body for all Ad Hoc
Committees. All members serve at the pleasure of the City
Council for designated terms.
2. All appointments and reappointments shall be made at a regularly
scheduled City Council meeting, and require an affirmative vote of
not less than a majority of the Council present.
3. Prior to taking office, all members must complete an Oath of
Allegiance required by the Article XX, 13, of the Constitution of
' r 4 PC May 15, 2012 Item No. 1
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CITY OF LAKE ELSINORE, CALIFORNIA
COUNCIL POLICY MANUAL
SUBJECT: Ad Hoc Committee
Appointments
Policy No. 200-5B
Page No. 4 of 9
the State of California. All oaths are administered by the City
Clerk or his/her designee.
F.
Meetings and Officers
1. Agendas/Notices/Minutes
i. All meetings shall be open and public and shall conduct
business through published agendas, public notices and
minutes and follow all of the Brown Act provisions
governing public meetings. Special, cancelled and
adjourned meetings may be called when needed, subject to
the Brown Act provisions.
ii. City staff shall be responsible for properly noticing and
posting all regular, special, cancelled and adjourned
Committee meetings.
iii. Support staff, if any, assigned by the City Manager at the
direction of the City Council or Redevelopment Agency
Board, shall prepare and distribute agendas and keep
minutes of Committee meetings. In the absence of support
staff, the Committee officers shall fulfill this role. Copies
of all meeting agendas, notices and minutes shall be
provided to the City Council, City Manager, City Attorney,
City Clerk and other appropriate staff, as requested and
shall maintained by support staff in accordance with the
City's adopted Records Retention Schedule.
2. Quorum and Procedures
i. A majority of Ad Hoc Committee members shall constitute
a quorum and a quorum must be seated before official
action is taken.
ii. The Chair of each Ad Hoc Committee shall preside at all
meetings. The Vice Chair or other designated member
PC May 15, 2012 Item No. 1
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CITY OF LAKE ELSINORE, CALIFORNIA
COUNCIL POLICY MANUAL
SUBJECT: Ad Hoc Committee
Appointments
Policy No. 200-5B
Page No. 5 of 9
shall assume the duties of the Chair when the Chair is
absent.
3. Meeting Locations and Dates
i. Meetings shall be held in the Council Chambers or other
designated City facilities as noticed.
ii. All Ad Hoc Committees shall conduct regular meetings at
least once a month. Special meetings may also be
scheduled as required by the Ad Hoc Committee.
iii. Monthly regular meetings shall have a fixed date and time
established by the Ad Hoc Committee. Changes to the
established regular dates and times are subject to the
approval of the City Council. An exception to this rule
would include any changes necessitated to fill a temporary
need in order for the Ad Hoc Committee to conduct its
meeting in a most efficient and effective way as long as
proper and adequate notification is provided to the Council
and made available to the public.
4. Other Rules and Procedures
Each Ad Hoc Committee may adopt other rules and procedures as
it feels necessary to effectively and efficiently accomplish its
duties.
G.
Attendance
1. An Attendance Policy shall apply to all advisory bodies.
Provisions of this policy are listed below.
i. A compilation of attendance will be submitted to the City
Council at least annually listing absences for all
Commissions/Committee members.
PC May 15, 2012 Item No. 1
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CITY OF LAKE ELSINORE, CALIFORNIA
COUNCIL POLICY MANUAL
SUBJECT:
Ad Hoc Committee
Appointments
Policy No. 200-5B
Page No. 6 of 9
ii. Absences, which result in attendance at less than two thirds
of their meetings during the calendar year, will be reported
to the City Council and may result in replacement of the
member by the Council.
iii. Any member who feels that unique circumstances have led
to numerous absences can appeal directly to the City
Council or appropriate City staff member for a waiver of
this policy or to obtain a leave of absence.
H.
2. While it is expected that members be present at all meetings, the
chair should be notified if a member knows in advance that he/she
will be absent.
Relationship to Council, Staff and Media
1. Upon referral by the Council, the Ad Hoc Committee shall study
referred matters and return their recommendations and advise to
the Council. With each such referral, the Council may authorize
the City staff to provide certain designated services to aid in the
study.
2. Ad Hoc Committees should not become involved in the
administrative or operational matters of City departments unless
specifically provided in their prescribed powers and duties.
Members may not direct staff to initiate major programs, conduct
large studies, or establish department policy without approval of
the City Council. City staff assigned to furnish staff services shall
be available to provide general staff assistance, such as preparation
of agenda/notice materials and minutes, general review of
department programs and activities, and to perform limited studies,
program reviews, and other services of a general staff nature. Ad
Hoc Committees may not establish department work programs or
determine department program priorities unless specifically
authorized. The responsibility for setting policy and allocating
scarce City resources rests with the City's duly elected
representatives, the City Council.
PC May 15, 2012 Item No. 1
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CITY OF LAKE ELSINORE, CALIFORNIA
COUNCIL POLICY MANUAL
SUBJECT: Ad Hoc Committee Policy No. 200-5B
Appointments Page No. 7 of 9
3. Additional or other staff support may be provided upon a formal
request to the City Council.
4. The Ad Hoc Committee Chair shall act as the Ad Hoc
Committee's lead representative. Pursuant to Council Policy 400-
6, no Committee Chairperson or member shall prepare or distribute
an official press release to the media. Committee members may
express personal opinions and comments so long as the member
clarifies that his or her statements do not represent the position of
the Committee and/or the City Council.
1. Council Referrals
The City Manager shall transmit to the designated Ad Hoc Committee all
referrals and requests from the City Council for advice and
recommendations. Ad Hoc Committees shall expeditiously consider and
act on all referrals and requests made by the City Council and shall submit
reports and recommendations to the City Council on these assignments.
J. Recommendations. Requests and Reports
As necessary and appropriate, the agenda for the regular City Council
meeting will include an item called "Commission/Committee Reports,
Announcements and Appointments". At this time, Ad Hoc Committees
may submit recommendations in writing or reports and may request
direction and support from the City Council. Such requests shall be
communicated to the City Manager in advance so that they may be listed
on the agenda. The Council will receive such reports and
recommendations and, after suitable study and discussion, respond or give
direction.
K. Public Appearance of Ad Hoc Committee Members
When an Ad Hoc Committee member appears in a non-official, non-
representative capacity before the public, for example in a Council
meeting, the member shall indicate that he or she is speaking only as an
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CITY OF LAKE ELSINORE, CALIFORNIA
COUNCIL POLICY MANUAL
SUBJECT: Ad Hoc Committee
Appointments
Policy No. 200-5B
Page No. 8 of 9
individual. If the Ad Hoc Committee member appears as the
representative of an applicant or a member of the public, the Political
Reform Act may govern this appearance. In addition, in certain
circumstances, due process considerations might apply to make an Ad Hoc
Committee member's appearance inappropriate. Conversely, "when a
member who is present at a Council meeting is asked to address the
Council on a matter, the member should represent the viewpoint of the
particular Ad Hoc Committee as a whole (not a personal opinion).
L.
Removal
Appointed officials hold office at the pleasure of the City Council. The
City Council may remove a Committee member without notice or a
hearing upon a vote of the majority of the City Council.
M. Resignations
Resignations must be submitted in writing to the City Clerk, who will
distribute copies to City Council and appropriate staff.
N. Unscheduled Vacancies
1. Notice of unscheduled vacancy; Selection. Whenever an
unscheduled vacancy occurs in any Ad Hoc Committee (whether
due to resignation, death, termination, or other causes), the City
Council member who appointed the Ad Hoc Committee member to
begin with shall appoint a replacement member within thirty (30)
days of the vacancy.
2. Emergencies. Notwithstanding the foregoing, the City Council
may, if it finds that an emergency exists, fill the unscheduled
vacancy immediately. A person appointed to fill the vacancy shall
serve only on an acting basis until the final appointment is made
pursuant to this section.
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CITY OF LAKE ELSINORE, CALIFORNIA
COUNCIL POLICY MANUAL
SUBJECT: Ad Hoc Committee
Appointments
Policy No. 200-5B
Page No. 9 of 9
0. Disbanding of Advisory Body
An Ad Hoc Committee may be disbanded due to lack of business or other
cause upon majority vote of the City Council following a recommendation
of the City Council, Committee Chair or appropriate staff.
P. Waiver of Requirements
In the event compliance with any of the above requirements would
seriously interfere with or interrupt the important business of the City, the
City Council may, with the approval of four Council members, waive one
or more of said requirements.
HISTORY
Adopted by Minute Action 11/03/04
Amended by Resolution No. 2006-152 9/12/06
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