The ordinance codified in this chapter shall be known as the
"El Cajon Commissions Ordinance."
(Ord. 3360 § 2, 1979)
All commissions within the city shall be established in conformance
with the provisions of this chapter, except where specifically exempted
by special provision.
(Ord. 3360 § 2, 1979)
A.
All commissions shall consist of five members who have been residents of the city at the time of applying for a commission, and shall continue to reside in the city during their term of office, except as provided in sections 2.24.110(A), 2.24.310 and 2.24.420.
(Ord. 4988 § 2, 2013)
Should a vacancy occur, other than by expiration of the members term of office, it shall be filled by appointment for the unexpired portion of the term, pursuant to Section 2.24.030.
(Ord. 3360 § 2, 1979)
All commissioners who serve on a commission consisting of five
members, shall serve for four years, with appointments to expire January
31st, except that the initial terms on a newly created five-member
commission shall be staggered so that there is one vacancy occurring
each year for three years, and two vacancies in the fourth year. Commissioners
serving on the planning commission, or personnel commission on the
effective date of this ordinance, whose terms presently expire in
September of a particular year, shall have their terms extended to
January 31st following the year in which their term is set to expire.
Commissioners shall serve until such time as their successor is seated.
(Ord. 4938 § 2, 2010)
Any commissioner may be removed by either of the following means:
A.
By the
mayor, subject to the approval of the city council;
B.
By a
majority vote of the city council.
(Ord. 3360 § 2, 1979)
A.
The
commissions shall meet regularly at least once a month except for
the personnel commission. The personnel commission shall meet as needed
to hear appeals or review personnel rule changes or issues pertaining
to classification or discrimination. Each commissioner may receive
compensation for travel and other expenses when such expenditures
are authorized by the city council.
(Ord. 3360 § 2, 1979; Ord. 3484 § 1, 1980; Ord. 3786 § 1, 1984; Ord. 3884 § 1, 1985; Ord. 4045 § 1, 1987; Ord. 4228 § 1, 1990; Ord. 4484, 1995; Ord. 4546, 1997; Ord. 4554, 1997)
At the first meeting of each commission after the first of February
of each year the commissioners shall select one of their members as
chairperson and one as vice-chairperson, unless otherwise provided.
(Ord. 3360 § 2, 1979; Ord. 3884 § 2, 1985; Ord. 3979 § 1, 1986; Ord. 4554, 1997)
The personnel commission shall, as provided by this chapter and Chapters 2.64 and 2.72, and by the personnel rules, have the power to:
A.
Hear
appeals submitted by any person in the classified service relative
to disciplinary action, dismissal or demotion; hear alleged violations
of the personnel rules or matters involving alleged discrimination
and certify its findings to the city council;
B.
Except
on those matters for which another procedure is provided by law or
when matters of discipline are involved, investigate and make recommendations
on any matter of personnel policy, or when requested to do so by the
city council or the city manager; and
C.
In any
investigation or hearing conducted by the commission, examine witnesses
under oath and compel their attendance or the production of evidence
before it by subpoena issued in the name of the city and attested
by the city clerk. It shall be the duty of the chief of police to
cause all subpoenas issued under the provisions of this chapter to
be served. Refusal of a person to attend or testify and answer such
subpoena shall subject such person to prosecution in the manner set
forth by law for failure to appear before the city council in response
to a subpoena issued by the city council:
1.
Witness
Fees. All witnesses appearing in city administrative hearings pursuant
to subpoena shall be entitled to fees and mileage in the same amount
and under the same circumstances as prescribed by law for witnesses
in civil actions in Superior Court,
2.
Deposit
for Subpoenas. It shall be necessary for the party requesting the
issuance of subpoenas to deposit with the city clerk a sum sufficient
to cover fees and mileage as prescribed by law, including, but not
limited to, Government Code Section 68093.
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Witness fees shall be paid from said deposit. Any sums not used
for such purpose shall be immediately refunded to the party making
the deposit.
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(Ord. 5112 § 2, 2021)
The members of the personnel commission shall be nominated and
appointed in the following manner:
A.
Two members shall be appointed by the city council from a list of three persons nominated by the employees in the classified service via their employee associations, except in the instance when the incumbent is to be renominated, then one name may be submitted to the city council for consideration. The members nominated by the employees shall not be subject to the residency requirement set out in Section 2.24.030.
B.
Two
members shall be appointed by the city council directly.
C.
The
fifth member shall be appointed by the city council from a list of
three persons nominated by the four appointed as provided for in this
section, except in the instance when the incumbent is to be nominated,
then one name may be submitted to the city council for consideration.
(Ord. 3360 § 2, 1979; Ord. 4228 § 1, 1990)
A.
The
city council may remove a personnel commissioner for just cause. Prior
to the removal of any commissioner, the city council shall cause written
notice to be served upon the commissioner, setting forth the grounds
upon which the proposed removal is based. Findings which would constitute
just cause include but are not limited to the following:
B.
Unless
the commissioner requests a hearing, removal shall commence five days
after receipt of the notice provided for herein.
(Ord. 3360 § 2, 1979; Ord. 4228 § 1, 1990)
A.
Upon
written request to the city council by the commissioner, the city
council shall appoint a time within not less than five days, nor more
than thirty days, for a hearing to determine whether or not the commissioner
shall be removed.
B.
The
city clerk shall serve notice of hearing upon the commissioner by
certified mail at the address shown on the records of the city. Such
notice shall be mailed not less than five days prior to the date of
such hearing, and shall state the time and place when and where such
hearing shall be held.
(Ord. 3360 § 2, 1979)
Within fifteen days of the conclusion of the hearing, the city
council shall announce its decision and findings by resolution. A
copy shall be mailed to the commissioner, and to any other party expressing
an interest therein.
(Ord. 3360 § 2, 1979)
Except as otherwise provided in this chapter and Chapters 2.64 and 2.72 or by the personnel rules, findings of the personnel commission shall only be advisory to the city council.
(Ord. 3360 § 2, 1979; Ord. 4228 § 1, 1990)
If, with respect to a demotion, suspension or removal of any
employee of the classified service, the personnel commission, by at
least a four-fifths vote of the entire commission, concludes that
the charges on which such action was based were not proved, or, although
proved, were motivated by personal, racial, religious or political
prejudice, an order by the personnel commission of reinstatement without
loss of pay shall be binding upon the officer having appointive power,
and such officer shall forthwith order such reinstatement.
(Ord. 3360 § 2, 1979)
The planning commission is created pursuant to the provisions of Chapter 3 of Title 7 of the Government Code of the state of California, and shall have, and is vested with, all the powers and duties provided therein, and such other powers and duties as may be conferred upon planning commissions by any and all laws of the state and Titles 16 and 17 of the city of El Cajon Municipal Code.
(Ord. 4948 § 3, 2010)
Each planning commissioner may receive compensation for each
meeting attended, and may receive compensation for travel and other
expenses when such expenditures are authorized by the city council.
(Ord. 4948 § 3, 2010)
The director of community development, or his or her designee,
shall act as the secretary of the planning commission.
(Ord. 4948 § 3, 2010)
The provisions of California Government Code Section 65402(a)
requiring a report as to conformity with the general plan shall not
apply to: (1) the disposition of the remainder of a larger parcel
which was acquired and used in part for street purposes; (2) acquisitions,
dispositions or abandonments for street widening; or (3) alignment
projects, provided such dispositions for street purposes, acquisitions,
dispositions or abandonments for street widening, or alignment projects
are of a minor nature.
(Ord. 3922 § 1, 1986)
(Ord. 3360 § 2, 1979; repealed by Ord. 4938 § 1, 2010)
(Ord. 4761 § 3, 2004; repealed by Ord. 4938 § 1, 2010)
(Ord. 4988 § 3, 2013; repealed by Ord. 5086 § 1, 2019)
(Ord. 4988 § 4, 2013; repealed by Ord. 5086 § 1, 2019)
(Ord. 4992 § 2, 2013; repealed by Ord. 5086 § 1, 2019)
(Ord. 4668 § 8, 2001; repealed by Ord. 4901 § 1, 2007)
(Ord. 3360 § 2, 1979; repealed by Ord. 4889, 2007)
(Ord. 3360 § 2, 1979; repealed by Ord. 4889, 2007)
(Ord. 4803 §§ 1,
2, 2005; repealed by Ord. 4975 § 1,
2012)
(Ord. 4546 § 5, 1997; repealed by Ord. 4975 § 1, 2012)
(Ord. 4668 § 9, 2001; repealed by Ord. 5086 § 1, 2019)
(Ord. 4668 § 10, 2001; repealed by Ord. 5086 § 1, 2019)
(Ord. 4668 § 11, 2001; Ord. 4747 § 3, 2003; repealed by Ord. 5086 § 1, 2019)
(Ord. 4668 § 12, 2001; repealed by Ord. 5086 § 1, 2019)
(Ord. 4671 § 1, 2001; repealed by Ord. 5086 § 1, 2019)
(Ord. 4671 § 2, 2001; repealed by Ord. 5086 § 1, 2019)
The public safety facility financing oversight committee shall
serve in an advisory capacity to the city council and the city manager,
and shall make recommendations to the city council and the city manager
on matters pertaining to the expenditure of the proceeds of the transactions
and use tax adopted by Ordinance No. 4788 of the city council, approved
by the voters of the city as Proposition O ("Proposition O") at the
November 2, 2004, general election. Such oversight shall include the
monitoring of the costs and expenses related to the financing of the
public safety facilities and the design and construction of the facilities,
including the expenditure of proceeds of any bonds issued to finance
the construction of the city's, facilities as contemplated by Proposition
O. The public safety facility oversight committee shall annually review
an independent financial audit of the income and expenditure of all
moneys related to the tax imposed by Proposition O, and the facilities
constructed in connection therewith, and provide a report to the city
council and the public regarding such annual review. The committee
will cease upon construction of the public safety facility in accordance
with Ordinance No. 4788.
(Ord. 4791 § 1, 2004)
A.
Notwithstanding Sections 2.24.030 and 2.24.050 of this chapter, the public safety facility oversight committee shall consist of seven members, no less than four members who are residents of the city at the time of applying for the commission and who shall continue to re side in the city during their term of office. Up to three members of the committee, as designated in subsection B of this section, may reside outside of the city. Each member shall serve a term of four years except that the initial term of those members described in subsection C of this section, shall be for two years, and thereafter for four years.
B.
In order
to have a broad representation of construction and financing of public
facilities, three of the members of the committee, none of whom need
be residents of the city, must be from one or more of the following
occupations:
1.
A
California licensed architect with experience designing and building
commercial, industrial and governmental buildings;
2.
A
California licensed general contractor with experience constructing
commercial, industrial and governmental buildings;
3.
A
California licensed civil engineer with experience in the designing
and building of commercial, industrial and governmental buildings;
4.
A
building/property manager with experience in the management of commercial
property;
5.
A
construction estimator with experience in estimating the construction
of large-scale projects; and
6.
A
California certified public accountant with experience in professional
accounting.
(Ord. 4791 § 2, 2004)
The city manager shall designate the department to provide clerical
and administrative services to the public safety oversight committee
as required.
(Ord. 4791 § 3, 2004)
