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Item 4PM E M O R A N D U M February 10, 2010 TO: Shana Yelverton, City Manager FROM: Chris Tribble, Director of Community Services st Ordinance No. 969, 1 Reading, the Policy Ordinance Review SUBJECT: Committee (P.O.R.C.) revisions to Chapter 2 of the City Code regarding SAC and SYAC. st Action Requested: City Council approval of Ordinance No. 969, 1 Reading, the Policy Ordinance Review Committee (P.O.R.C.) revisions to Chapter 2 of the City Code regarding SAC and SYAC. Background Information: The current Chapter 2 of the City Code was adopted by the City on May 5, 1998 and October 20, 1998. On November 9, 2004, city council appointed a Policies and Ordinance Review Committee (P.O.R.C.) to review policies and ordinances that influence the operations of the Community Services Department. The committee consisted of Council members Virginia Muzyka, Carolyn Morris, and Greg Jones; then Park Board members Katrina Peebles, Mike Mills and Cara White; Senior Advisory Commission members Bill Kyle and Cleta Pierce; SYAC representative Chelsea Payne and city staff members Steve Polasek and Steve Moore. P.O.R.C. reviewed Chapter 2 of the City Code regarding SAC and SYAC and made the following revisions: - Sec. 2-222: Changed authority to remove members from City Manager to City Council. - Secs. 2-216, 2-217, 2-219, 2-220, 2-221, 2-223, 2-241, 2- 242, 2-243, and 2-244: Minor grammar and housekeeping changes to reflect board and legal practices Financial Considerations: N/A Strategic Link: This item is linked to the City’s Strategy Map related to the focus area of Performance Management and Service Deliveryand meets the corporate objective to Provide High Quality Customer Service. Item 4P - 1 Shana Yelverton, City Manager Meeting Date – March 2, 2010 Page 2 of 2 Citizen Input/ Board Review: The Policy and Ordinance Review Committee reviewed and forwarded revisions to the City Attorney for approval. The Senior Advisory Commission (S.A.C.) recommended approval (8-0) at their January 12, 2010 meeting. Southlake Youth Action Commission (S.Y.A.C.) recommended approval (7-0) at their January 6, 2010 meeting. Legal Review: City attorney reviewed and recommended changes. All changes were implemented. Alternatives: Alternatives include: City Council approval as presented City Council approval with input as desired City Council decision not to approve Supporting Documents: Copy of Ordinance No. 969. Staff st Recommendation: Approve Ordinance No. 969, 1 Reading, the Policy Ordinance Review Committee (P.O.R.C.) revisions to Chapter 2 of the City Code regarding SAC and SYAC. Item 4P - 2 ORDINANCE NO. 969 AN ORDINANCE OF THE CITY OF SOUTHLAKE, TEXAS, AMENDING THE CODE OF ORDINANCES OF THE CITY OF SOUTHLAKE, TEXAS, AS AMENDED, BY AMENDING CHAPTER 2, ARTICLE V, DIVISION 3 “YOUTH ACTION COMMISSION” TO AMEND COMMISSION QUALIFICATIONS, TO DESIGNATE THE LENGTH OF COMMISSION TERMS, TO AUTHORIZE THE CITY COUNCIL TO REMOVE MEMBERS, AND TO AMEND COMMISSION DUTIES; BY AMENDING CHAPTER 2, ARTICLE V, DIVISION 4 “SENIOR ADVISORY COMMISSION” TO AMEND THE NUMBER OF MEETINGS, TO AMEND THE BY-LAWS, AND TO AMEND COMMISSION DUTIES; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR PUBLICATION; AND PROVIDING AN EFFECTIVE DATE. WHEREAS , the City of Southlake, Texas is a home rule city acting under its charter adopted by the electorate pursuant to Article XI, Section 5 of the Texas Constitution and Chapter 9 of the Local Government Code; and WHEREAS , the City Council wishes to amend Chapter 2 of the Code of Ordinances to provide for the administration of the Senior Advisory Commission and the Southlake Youth Action Commission; and WHEREAS , the City Council is acting pursuant to the recommendation of the Director of Community Services, the Senior Advisory Commission, and the Southlake Youth Action Commission. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS THAT: SECTION 1 . Division 3 “Youth Action Commission” and Division 4 “Senior Advisory Commission” of Article V of Chapter 2 of the Code of Ordinances, City of Southlake, Texas, as amended, is hereby amended to read as follows: “DIVISION 3. YOUTH ACTION COMMISSION Sec. 2-216. Creation. A youth action commission is herein created to generate broad-base public awareness of and support for youth. Page 1 Sec. 2-217. Projects for discussion; use by council. The City Manager or designated staff will assign, and prioritize as necessary, projects for discussion and reporting as well as the commission generating their own discussion projects. The mayor and city council will use the commission as a formal "voice of youth" on various items concerning youth in the city. Activities will also entail service projects throughout the community. Sec. 2-218. Composition; terms. The youth action commission shall consist of seven (7) citizens of the city, who must be students enrolled in school grades seven (7) through twelve (12). To ensure a broad spectrum of students from the community, students who reside in the city, but do not attend school in the Carroll Independent School District will be eligible for participation. The city shall publicize all youth action commission meetings and work with representatives of the schools to ensure youth are aware of the opportunity to participate in the commission. Effort will be made to recruit members, paying particular attention to balancing the numbers of members throughout all the grade levels. This recruitment will include a wide distribution of information within the schools to inform youth of the opportunity to participate in the community. Interested persons meeting the qualifications for membership shall submit an application to the City Manager or designated staff. Sec. 2-219. Composition; terms. The youth action commission shall consist of representatives from each grade level at each high school, junior high, and middle school in the city. To ensure a broad spectrum of students from the community, high school, junior high or middle school, students who reside in the city, but do not attend school in the Carroll Independent School District will also be eligible for participation. The city shall publicize all youth action commission meetings and work with representatives of the schools to ensure youth are aware of the opportunity to participate in the commission. Effort will be made to recruit members, paying particular attention to balancing the numbers of members throughout all the grade levels. This recruitment will include a wide distribution of information within the schools to inform youth of the opportunity to participate in the community. Interested persons meeting the qualifications for membership shall submit an application to the city manager. Sec. 2-220. Appointment of officers; records of meetings. The youth action commission shall select from the members, at the last regular session of each year, a chairperson, and vice chairperson, for one-year terms or until their successors are elected. The city shall keep a record of all meetings of the commission and minutes thereof shall be kept on file in the office of the city secretary. The youth action commission shall adopt by-laws to govern the holding of its meetings which, at a minimum shall encompass the regular meeting schedule, the manner of Page 2 holding and calling of special meetings, attendance for meetings, the role of officers, and the filing of meeting minutes with the city secretary. Sec. 2-221. Meetings. (a) The Youth Action Commission shall meet at least once each month of the school year. (b) Special meetings may be called by the chair or the vice-chair of the commission at any time after notice has been given to the commission. (c) A simple majority of the members shall constitute a quorum. A vote of the simple majority of the quorum shall be required for any action taken by the commission. (d) Members not planning to attend a regular meeting or special meeting shall notify the chair or designated city staff by 12:00 noon of the meeting day. Sec. 2-222. Removal of members. All members of the commission are subject to removal in accordance to the city council's current policy. In addition, the members of the commission may be removed at any time by the City Council, with or without cause. Sec. 2-223. Duties of Commission. (a) The duties and responsibilities of the Youth Action Commission are advisory in nature. The Youth Action Commission shall: (1) Be advisory in nature, evaluating the current issues affecting youth in the City and bringing them to the attention of City Council and other boards and commissions as necessary. (2) Participate in the community service projects to encourage youth to make a difference in the community through volunteerism. (3) Prepare and submit to the City Council an annual report of youth- related programs and services (b) The commission shall not have responsibility or authority over public officials or employees of the City. [Secs. 2-224--2-240. Reserved.] Page 3 DIVISION 4. SENIOR ADVISORY COMMISSION Sec. 2-241. Creation. There is hereby established the senior advisory commission for the City referred to in this division as the "Senior Advisory Commission." Sec. 2-242. Number, qualifications and terms. (a) The senior advisory commission shall consist of seven (7) citizens of the City, who must be at least fifty-five (55) years of age. An exception may be made at the discretion of city council to appoint no more than two members under the age of 55, who have either education and/or experience which is deemed to be beneficial to the senior advisory commission. The city council shall appoint members for two-year terms. (1) Interested residents of the city, who meet the above requirements shall submit an application to the city secretary. (2) The appointment process shall be consistent with the city council interview procedure for other boards and commissions. (b) The council shall appoint members who shall serve their terms, without compensation, until their successors are appointed. All appointments to fill unexpired terms shall terminate as per the original term being filled. (c) The city council shall also appoint two persons to serve as alternate members. Such members shall meet the qualifications for the senior advisory commission, shall attend all meetings, shall serve for a term of one year from the date of the appointment, and shall not be entitled to vote unless they are sitting in for an absent senior advisory commission member. (d) Vacancies shall be filled as need arises. The senior advisory commission has the authority to move alternate members to full member status as need arises. When the number of senior advisory commission members and alternate members falls below seven, the city council will be requested to fill the vacancies as soon as possible. Sec. 2-243. Meetings and by-laws. At the first regular session following the appointment of new board members by the City Council, the senior advisory commission shall select from the members a chairman, vice-chairman, and secretary for two-year terms and until their successors are elected. The senior advisory commission shall adopt bylaws to govern the holding of its meetings which, at a minimum, shall encompass the following: Page 4 (1) Regular meetings shall be held once a month. (2) Manner of holding and calling special meetings. (3) Majority of members shall constitute a quorum. (4) Members not planning to attend a regular meeting or special meeting shall notify the chairman of the senior advisory commission or the designated city staff by 12:00 noon of the meeting day. (5) Any member, or alternate member with unexcused absences from three (3) consecutive regular meetings or not exhibiting interest in the work of the senior commission shall be reported to the city council which may, at its discretion, remove the commission member and appoint a replacement. (6) Minutes of each senior advisory commission meeting shall be filed with the city secretary and distributed to members of the city council. Sec. 2-244. Duties and Responsibilities. The duties and responsibilities of the senior advisory commission shall be to: (1) Act in an advisory capacity to the city council in all matters pertaining to senior programs and issues, including development of long-range capital improvement programs which impact senior citizens. (2) Recommend changes in policies which impact senior citizens. (3) Annually prepare and submit to city council a review of senior related programs, services and needs. [Secs. 2-245--2-250. Reserved.]” SECTION 2 . This ordinance shall be cumulative of all provisions of ordinances and of the Code of Ordinances of the City of Southlake, Texas, as amended, except where the provisions of this ordinance are in direct conflict with the provisions of such ordinances and such Code, in which event the conflicting provisions of such ordinances are hereby repealed. SECTION 3 . It is hereby declared to be the intention of the City Council that the phrases, clauses, sentences, paragraphs and sections of this ordinance are severable, and if any Page 5 phrase, clause, sentence, paragraph or section of this ordinance is declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this ordinance, since the same would have been enacted by the City Council without the incorporation in this ordinance of any such unconstitutional phrase, clause, sentence, paragraph or section. SECTION 4. All rights and remedies of the City of Southlake are expressly saved as to any and all violations of the provisions of Ordinance No. 969 or any other ordinances relating to the Youth Advisory Commission or the Senior Advisory Commission which have accrued at the time of the effective date of this ordinance; and, as to such accrued violations and all pending litigation, both civil and criminal, whether pending in court or not, under such ordinances, same shall not be affected by this ordinance but may be prosecuted until final disposition by the courts. SECTION 5 . The City Secretary of the City of Southlake is hereby directed to publish caption, penalty clause, and effective date clause in the official newspaper at least once within ten (10) days after the passage of this ordinance. SECTION 6 . This ordinance shall be in full force and effect from and after its passage and publication as required by law, and it is so ordained. PASSED AND APPROVED ON FIRST READING ON THIS ______ DAY OF MARCH, 2010. ________________________________ MAYOR/JOHN TERRELL ATTEST: ________________________________ CITY SECRETARY/LORI PAYNE Page 6 PASSED AND APPROVED ON SECOND READING ON THIS ______ DAY OF MARCH, 2010. ________________________________ MAYOR/ JOHN TERRELL ATTEST: ________________________________ CITY SECRETARY/LORI PAYNE APPROVED AS TO FORM AND LEGALITY: _________________________________ CITY ATTORNEY Page 7