Chapter 2.130
CITIZEN ADVISORY BOARDS AND COMMISSIONS
Sections:
2.130.010 Citizen advisory boards and commissions created.
2.130.020 Intent—Governing law.
2.130.030 Appointments and confirmation process.
2.130.040 Membership and removal.
2.130.050 Residency requirements.
2.130.060 Chairperson, secretary, and rules of conduct.
2.130.070 Meetings, reports and attendance.
2.130.080 Planning commission specific requirements.
2.130.090 Board of adjustment.
2.130.100 Lodging tax advisory committee specific requirements.
2.130.010 Citizen advisory boards and commissions created.
The city of Prosser has the following advisory boards and commissions:
A. Planning commission.
B. Board of adjustment.
C. Lodging tax advisory committee. (Ord. 3199 §§ 1, 2, 2023).
2.130.020 Intent—Governing law.
The intent of this chapter is to provide a single source for the citizen advisory boards and commissions listed in this chapter.
The Revised Code of Washington (RCW) provides for specific requirements with respect to certain municipal boards and commissions, and great lengths have been taken to ensure that this chapter complies with the RCW; however, where a conflict exists between this chapter and the RCW, the RCW prevails. (Ord. 3199 §§ 1, 3, 2023).
2.130.030 Appointments and confirmation process.
Upon notice of a citizen advisory board or commission vacancy, the mayor shall direct the city clerk to publish notice of the vacancy in the city’s paper of record, and on the city’s website. A minimum of thirty days shall be provided to citizens at large to apply for the position; provided, however, that an appointment can be made in less than thirty days if the mayor finds that an emergency exists and the position must be filled immediately.
Unless otherwise provided, the mayor shall appoint all members of boards and commissions in this chapter; provided, that those appointments shall be subject to confirmation by a majority vote of the city council.
Vacancies occurring otherwise than through the expiration of terms shall be filled by similar appointment for the unexpired term. If a member’s term expires before a new member is appointed or reappointed and confirmed by the city council, then that expired member’s term shall continue until a new member is appointed by the mayor and confirmed by the city council or the existing member is re-appointed and reconfirmed by the city council. (Ord. 3199 §§ 1, 4, 2023).
2.130.040 Membership and removal.
Except as otherwise provided, all members of citizen advisory boards and commissions shall serve at the pleasure of the mayor who may remove a member of a citizen advisory board or commission without cause. (Ord. 3199 §§ 1, 5, 2023).
2.130.050 Residency requirements.
Except as otherwise provided, residency in the city is a requirement for eligibility for membership on citizen advisory boards and commissions. (Ord. 3199 §§ 1, 6, 2023).
2.130.060 Chairperson, secretary, and rules of conduct.
Unless otherwise provided, each advisory board or commission shall elect a chairperson and vice chairperson from their numbers at the first annual meeting. The chairperson shall act as the presiding officer over the meeting. It shall be the responsibility of the chairperson to coordinate with the city administrator or his designee to manage the agenda, and to coordinate with the mayor or his designee with respect to attendance of members, vacancies, and other items of concern.
Unless otherwise provided, each advisory board or commission shall elect a secretary and alternate secretary who upon election shall be an ex officio member of that board or commission. The secretary shall keep minutes of all meetings and provide notice of all special meetings in accordance with the Open Public Meetings Act.
The chairperson may move, second, and debate from the chair, subject only to such limitations of debate as are imposed on all members, and shall not be deprived of any of the rights and privileges of a member of the board or commission by reason of their acting as the presiding officer.
For the purposes of this chapter, any duties or responsibilities designated to the chairperson shall transfer to the vice chairperson in their absence. In the event that both the chairperson and vice chairperson are absent from a meeting, the members of any citizen advisory board or commission may elect a chairperson pro tem from their number who shall be empowered to carry out said duties and responsibilities for that meeting.
All citizen advisory boards and commissions may adopt rules of procedure; provided, that such rules of procedure shall be subject to review and approval by the city council. (Ord. 3199 §§ 1, 7, 2023).
2.130.070 Meetings, reports and attendance.
A. Meetings. All meetings of citizen advisory boards and commissions shall be properly noticed and open to the public in accordance with the Washington State Open Public Meetings Act (Chapter 42.30 RCW). All actions taken by a citizen advisory board or commission, including minutes of all meetings, shall be filed with the city’s public records officer and are subject to review by the public in accordance with the Washington State Public Records Act (Chapter 42.56 RCW).
Unless otherwise provided, all citizen advisory boards and commissions shall meet no less than twice per calendar year or at any time that the chairperson, majority of members thereof, or the city council shall decide; provided, that any such meeting shall be properly noticed in accordance with other provisions in this chapter.
B. Attendance. Attendance will be taken at all meetings of citizen advisory boards and commissions. No member of a citizen advisory board or commission may be absent and unexcused from any two consecutive meetings. Two consecutive unexcused absences may result in removal from a board or commission. The chairperson of the citizen advisory board or commission will report unexcused absences to the mayor or his or her designee. (Ord. 3199 §§ 1, 8, 2023).
2.130.080 Planning commission specific requirements.
A. Created—Membership—Meetings—Powers and Duties. There is created a city planning commission for the city, to consist of six members. The city attorney and elected secretary shall be ex officio members of the commission by virtue of their offices, and their terms of office on the commission shall correspond with their terms of office as city attorney or secretary. The community development director shall have the authority to excuse members from attendance at meetings. Members of the commission shall be selected without respect to political affiliations, and they shall serve without compensation. Within the limits of expenditures of funds by gift or appropriation by the city council, the commission is authorized to employ such employees and expert consultants as are deemed necessary for its work. The purposes, powers and duties of the commission shall be such as are provided for under the provisions of Chapter 35A.63 RCW, and as hereafter amended by the state legislature, which same are hereby adopted by reference and made a part hereof.
B. Expiration of Terms. The current expiration dates for the terms of office of the planning commissioners which have expired and have not as yet been filled or which will expire are as follows:
Position One: Commencing June 30, 2022, and expiring on June 30, 2026, and every four years thereafter.
Position Two: Commencing June 30, 2022, and expiring on June 30, 2026, and every four years thereafter.
Position Three: Commencing June 30, 2019, and expiring on June 30, 2023, and every four years thereafter.
Position Four: Commencing June 30, 2019, and expiring June 30, 2023, and every four years thereafter.
Position Five: Commencing June 30, 2019, and expiring on June 30, 2023, and every four years thereafter.
C. Voting Qualifications. Ex officio members of the city planning commission for the city shall not be entitled to vote upon any issue before the commission.
D. Quorum. A majority of the voting membership of the planning commission, being not less than three voting members, shall constitute a quorum for the transaction of business. The concurring vote of at least three members of the planning commission is required on any action.
E. Meeting Date. Commencing with the meeting to be held on March 15, 2012, the Prosser planning commission shall meet on the third Thursday of each month at six p.m.; provided, however, the Prosser planning commission may call special meetings of the commission as provided for by state law. (Ord. 3199 §§ 1, 9, 2023; Ord. 3109 §§ 1, 2, 3, 2020; Ord. 2759 § 1, 2012; Ord. 1664 §§ 1, 2, 1993; Ord. 1526 § 1, 1991; Ord. 1233 § 1, 1982; Ord. 1195 §§ 1, 2, 1981; Ord. 842 §§ 1, 2, 1972; Ord. 640 §§ 1, 2, 1960; Ord. 402 §§ 1, 3, 4, 1943).
2.130.090 Board of adjustment.
A. A board of adjustment was established effective July 1, 1975, and is a continuing board. The board consists of five members appointed by the mayor and confirmed by the city council. All members must be citizens of the city who have an understanding and interest in the general benefits obtained by proper zoning in the city. No members shall be a member of the planning commission or of the city council. The members of the board shall serve for a term of three years and shall be appointed by the mayor. The board shall have the powers and duties as provided in the ordinances of the city and as the same may be hereafter amended or replaced, and as provided in RCW 35A.63.110 and other pertinent statutes of the state of Washington, and as the same may be hereafter amended or replaced. The concurring vote of at least a majority of the entire membership shall be necessary for any action. Nothing in this section shall limit the authority of the city council to assign additional duties to the board.
B. Application—Required for Consideration. Persons desiring consideration by the board shall apply to the city on forms provided by the city, and shall supply such information as the city may require. The city administrator, or his or her designee, is hereby authorized to establish administrative regulations and establish forms to implement this section.
C. Conditional Use Permits or Variances—Authority. The board, subject to appropriate conditions and safeguards as provided by this title, shall hear and decide variances and requests for conditional use permits in accord with Title 19 and Sections 18.75.050 and 18.75.080.
D. Waiver of Violation—Issuance Authority. Recognizing the fact that a building may be erected in good faith with every intent to comply with the provisions of this title with respect to the location of the building upon the lot and the size and location of required yards, and that it may later be determined that such building does not comply in every detail with such requirements, although not violating the spirit or intent of this title, the board may issue a waiver of violation, subject to such conditions as will safeguard the public health, safety, convenience and general welfare.
E. Appeals. Appeal of a board decision may be appealed in accord with Title 19.
F. The provisions of this section are hereby declared to be severable. If any subsection, sentence, clause, or phrase of this section or its application to any person or circumstance is for any reason held to be invalid or unconstitutional, the remainder of this section shall not as a result of said subsection, sentence, clause, or phrase be held unconstitutional or invalid.
G. Commencing with the meeting to be held on March 1, 2012, the Prosser board of adjustment shall meet on the first Thursday of each month at six p.m.; provided, however, the Prosser board of adjustment may call special meetings of the board as provided for by state law. (Ord. 3199 §§ 1, 10, 2023; Ord. 3089 § 1, 2019; Ord. 2925 § 3, 2015; Ord. 2760 § 1, 2012; Ord. 2449 § 1, 2004; Ord. 1917 § 1 (part), 1997).
2.130.100 Lodging tax advisory committee specific requirements.
A. LTAC Funds Available Each Year. The city shall determine how much it expects to be available for LTAC funding of proposals by estimating the amount of lodging tax it expects to receive and has on hand, then subtracting debt obligations. The city does not make multi-year commitments for tourism promotion services; however, applicants are not limited or prohibited from making annual requests of the same nature.
B. LTAC Membership. Each year the mayor or designee shall receive recommendations for membership in the LTAC. The mayor or designee shall then review membership of the LTAC and appoint individuals as necessary or desirable with city council concurrence. Such members shall consist of one city council member who shall be the chair of the committee, two representatives of lodging businesses required to collect the tax, and two individuals representing possible recipient entities.
C. Proposals. The city clerk shall accept proposals from parties interested in competing for estimated lodging tax funds available in the following year. Such proposals shall be submitted in written form using a city provided form. Any proposals which are not eligible under the relevant RCWs or which are not selected for recommendation to the city council shall be returned by the LTAC to the city clerk who shall give timely written notice to the submitters.
D. LTAC Meeting(s) and Recommendation(s). The LTAC shall meet at least once per year. If a quorum is present (three of the five members present), the LTAC shall determine by majority vote which, if any, of the proposals to recommend to the city council for funding and in what individual amounts. LTAC meetings shall be conducted under the regulations of the Open Public Meetings Act with appropriate notice, minutes posted, and written recommendations which shall become public documents. All written communications between LTAC members for LTAC purposes are also public records and have retention schedules. LTAC members, like those of other city boards, commissions and committees, must take Open Public Meetings Act training within ninety days of appointment to the LTAC.
E. City Council Vote on LTAC Recommendation(s). Assuming that the LTAC recommends that one or more proposals be funded in certain amounts, the city council shall then vote to fund those recommendations, or not. The council may not change the amount recommended by the LTAC for any recommended proposal. The city council may, however, ask the LTAC to consider an amendment to the amount proposed and the LTAC shall meet as above.
F. City Budget. The proposals funded by the city council shall then become part of the city’s lodging tax budget for the following year. If the estimated lodging tax amount falls short of expectations at any time during that year, the city council may amend the budget and withhold any unpaid amounts.
G. Final Report to City on Awarded Funds. Within ninety days of the end of the project(s) which received funding under the LTAC process, the party receiving the award shall provide a report to the city clerk.
H. Report to JLARC. Beginning in 2015, the city must report annually all lodging tax use to the JLARC using the JLARC municipal reporting website. (Ord. 3199 §§ 1, 11, 2023; Ord. 2976 § 1, 2016: Ord. 2758 § 1, 2012).
2.130.990 Severability.
If any section, sentence, clause or phrase of this chapter or the remainder of this title should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause or phrase of this chapter or the remainder of this title. (Ord. 3199 §§ 1, 12, 2023).