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HomeMy WebLinkAboutStaff Report 4.B 08/03/2015DATE: TO: FROM: August 3, 2015 Honorable Mayor and Members of the City Council John C. Brown, City Manager Agenda Item #4.B SUBJECT: Introduction of Ordinance Repealing Chapter 2.70 of the Petaluma Municipal Code Which Had Reestablished a Senior Advisory Committee Pursuant to Ordinance No. 2260 N.C.S. Adopted February 26, 2007 and Adoption of a Resolution Establishing a Reconstituted Senior Advisory Committee to Take Effect upon the Repeal of Chapter 2.70. RECOMMENDATION It is recommended that the City Council introduce the attached Ordinance repealing Chapter 2.70 of the Petaluma Municipal Code which had reestablished a Senior Advisory Committee pursuant to Ordinance No. 2260 N.C.S. adopted February 26, 2007 and adopt a resolution establishing a reconstituted Senior Advisory Committee to take effect upon the repeal of Chapter 2.70 taking effect. BACKGROUND Ordinance 1701 N.C.S. (1987), as amended by Ordinances 2259 N.C.S. and 2260 N.C.S. (2007), established the Petaluma Senior Advisory Committee (the Committee). The Senior Advisory Committee enabling legislation is currently codified as Chapter 2.70 of the Petaluma Municipal Code (Attachment 3). Chapter 2.70 dictates the composition and qualifications for the Committee, its members' terms, duties and authorities, provisions for removal and replacement, and associated procedures. The Committee consists of seven (7) members who currently must be at least 55 years of age and reside within City limits. The Committee's duties consist of advising the City on issues and programs for seniors and active adults, and on the operation of senior facilities. Terms are for two years, staggered, and term - limited to two terms. In June 2015, five of the seven positions on the Committee were either vacant, or with terms expiring on June 30, 2015. The City Council was scheduled to consider appointments for these positions at its June 15, 2015 meeting. The Council received a request from an applicant who did not meet the current age requirement to amend the enabling legislation in a way that would also allow younger adults to serve. The City Council asked staff to prepare enabling legislation that would accommodate that change, for its consideration, and deferred appointments to the Committee until it could consider proposed changes. This item addresses the City Council Goal Priority: "Update and Make Consistent Advisory Bodies' Enabling Legislation, contained in the Council's Goals for 2015 and 2016 ". DISCUSSION Attached for consideration are two documents: an Ordinance repealing Chapter 2.70 of the Petaluma Municipal Code which had reestablished a Senior Advisory Committee pursuant to Ordinance No. 2260 N.C.S. adopted February 26, 2007(Attachment 1); and a resolution establishing a reconstituted Senior Advisory Committee to take effect upon the repeal of Chapter 2.70 taking effect (Attachment 2). Changes to an Ordinance must be made by Ordinance. In this case it is recommended that rather than revise the Municipal Code, the Senior Advisory Committee be established by resolution. Ordinance changes require two readings, and a thirty -day waiting period, whereas a resolution requires one reading and has immediate effect. This gives the City Council more flexibility in making future changes, streamlines the amendment process, and in cases where enabling legislation is currently codified, renders future Municipal Code updates unnecessary. This substitution is recommended to be employed for any subsequent Boards, Committees, and Commissions whose enabling legislation may be subsequently amended pursuant to the City Council's aforementioned Goal Priority, if an Ordinance is not required by City Charter or other controlling legislation. The attached resolution preserves, for the most part, provisions such as Committee name, length of term, duties, frequency of meeting and quorum requirements, and means for filling vacancies from the existing Code. Changes reflect Council interest in less restrictive age requirements, and were also made for consistency with provisions included in other recently updated enabling legislation. The latter category of changes addresses the City Council's Advisory Body Consistency goal priority. Substantive changes from existing enabling legislation, recommended for Council approval, are as follows: Section 2. Composition. This section provides that two (2) of the members need not be at least 55 years of age, but requires that all other positions still must be. It also expands the residency requirement to the area encompassed by Petaluma's urban growth boundary, recognizing the Senior Center and City Senior Services are also available to seniors outside City limits but within the immediate area. Section 4. Terms. This section retains the two seated members through the remainders of their unexpired terms, and shortens the term of one additional position to ensure the terms of no more than four positions will expire at the same time. Changes to this section clarify that term limits are applicable to full terms served. This clarifies that if a member is appointed to fill the remainder of an un- expired vacancy, they may serve that time in addition to two full terms, assuming they are reappointed by the City Council. Changes also allow that no more than four members' terms shall expire at the same time. Finally, language is included to clarify that members may continue to serve beyond an expired term, until a successor is appointed by the City Council. Section 5. Resignation/Removal. This section is expanded from previous legislation to allow the City Council, by majority vote, to remove a Committee member with or without cause. This 2 change enables the City Council to remove an incumbent before their term has expired, if circumstances outside others delineated in Section 5 support such removal. The Ordinance repealing Chapter 2.70 of the Petaluma Municipal Code, which had reestablished a Senior Advisory Committee pursuant to Ordinance No. 2260 N.C.S. adopted February 26, 2007, requires two readings and is followed by a thirty -day waiting period before it becomes effective. The attached resolution is drafted to become effective on the effective date of the Ordinance. The Council expressed interest in re- advertising vacancies for this Committee, so adults of less than 55 years of age who might not have applied because of that restriction will have that opportunity before appointments are made. With the Council's adoption of the Ordinance, the vacancy will be advertised, with the expectation that appointments can be made by the time or shortly after the Resolution takes effect. FINANCIAL IMPACTS There are no net financial impacts associated with the recommended changes. ATTACHMENTS 1. Ordinance 2. Resolution 3. Excerpt of the Petaluma Municipal Code (Chapter 2.70) EFFECTIVE DATE OF ORDINANCE Introduced by ATTACHMENT I ORDINANCE NO. N.C.S. Seconded by ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PETALUMA REPEALING CHAPTER 2.70 OF THE PETALUMA MUNICIPAL CODE WHICH HAD REESTABLISHED A SENIOR ADVISORY COMMITTEE PURSUANT TO ORDINANCE NO. 2260 N.C.S. ADOPTED FEBRUARY 26, 2007 WHEREAS, the City Council previously adopted Ordinance No. 2260 N.C.S. on February 26, 2007, amending Title 2, Chapter 2.70 of the Petaluma Municipal Code to re- establish the Senior Advisory Committee which the City Council had disbanded in 1989 due to lack of participation; and WHEREAS, City Council desires to repeal Title 2, Chapter 2.70 of the Petaluma Municipal Code to re- establish the Senior Advisory Committee, and establish a reconstituted committee via resolution; NOW THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF PETALUMA AS FOLLOWS: Section 1: Title 2, Chapter 2.70 of the Petaluma Municipal Code is hereby repealed to be reserved for future City enactments. Section 2: If any section, subsection, sentence, clause, phrase or work of this ordinance is for any reason held to be unconstitutional, unlawful or otherwise invalid by a court competent jurisdiction or preempted by state legislation, such decision or legislation shall not affect the validity of the remaining portions of this ordinance. The City Council of the City of Petaluma hereby declares that it would have passed and adopted this ordinance and each and all provisions thereof irrespective of the fact that any one or more of said provision be declared unconstitutional, unlawful or otherwise invalid. 4 Section 3: The City Council finds that adoption of this ordinance is exempt from the California Environmental Quality Act ( "CEQA "), pursuant to Section 15060(c) (2) (no possibility that the activity may have a significant impact on the environment) and 15060(c) (3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines (Title 14, Chapter 3 of the California Code of Regulations). Section 4: This ordinance shall become effective thirty (30) days after the date of its adoption by the Petaluma City Council. Section 5: The City Clerk is hereby directed to publish or post this ordinance or a synopsis for the period and in the manner provided by the City Charter and any other applicable law. INTRODUCED and ordered posted /published this th day of 2015. ADOPTED this day of , 2015 by the following vote: Ayes: Noes: None Abstain: None Absent: None ATTEST: Claire Cooper, CMC, City Clerk David Glass, Mayor APPROVED AS TO FORM: Eric W. Danly, City Attorney I ATTACHMENT 2 RESOLUTION OF THE, CITY COUNCIL OF THE CITY OF PETALUMA ESTABLISHING A RECONSTITUTED SENIOR ADVISORY COMMITTEE WHEREAS, the City Council has a history of working with groups of seniors, both through formal and informal committees to advise the City Council on matters impacting senior residents; and WHEREAS, the City Council finds there is benefit in allowing individuals who are younger than age fifty -five to have input on matters impacting senior residents; and WHEREAS, the City Council finds there is benefit in allowing individuals who reside outside of the City, yet within the City's Urban Growth Boundary established by the voters through the adoption of Measure I on November 3, 1998, which is incorporated as Policies 1 -P- 29 through 1 -P -36 of the Petaluma 2025 General Plan; and WHEREAS, the City Council previously adopted Ordinance No. 2260 N.C.S. on February 26, 2007, amending Title 2, Chapter 2.70 of the Petaluma Municipal Code to re- establish the Senior Advisory Committee which the City Council had disbanded in 1989 due to lack of participation; and WHEREAS, the City Council has on August 3, 2015 introduced an ordinance that would repeal Title 2, Chapter 2.70 of the Petaluma Municipal Code to permit reestablishing a reconstituted Senior Advisory Committee by resolution; and WHEREAS, the Petaluma City Charter provides in section 55 that the City Council shall have the power to establish such commissions as shall be necessary for the effective accomplishment of municipal business, subject to such commissions including a City Council member as a commission member and term limits specified in that section, and the Petaluma City Charter imposes no such restrictions on establishment of City committees or appointment of committee members or their terms of office; and WHEREAS, the City Council finds that adoption of this resolution is exempt from the California Environmental Quality Act ( "CEQA "), pursuant to Section 15060(c)(2) (no possibility that the activity may have a significant impact on the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines (Title 14, Chapter 3 of the California Code of Regulations). I NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Petaluma as follows: 1. Establishment. A reconstituted Senior Advisory Committee (the Committee) is established by this Resolution and supersedes the Senior Citizens Advisory Committee formerly established pursuant to Chapter 2.70 of the Petaluma Municipal Code by Ordinance No. 2260 N.C.S., adopted February 26, 2007, which ordinance and any subsequent amendments are subject to repeal by Ordinance No. N.C.S. introduced on August 3, 2015. The reconstituted Senior Advisory Committee will be established and this resolution be effective upon the date that Ordinance No. N.C.S. repealing Chapter 2.70 becomes effective. 2. Composition. The Committee shall consist of seven members, five of whom shall be a minimum of fifty -five (55) years of age or older, and two of whom shall be a minimum of eighteen (18) years of age or older. Members of the Committee shall be residents of the City of Petaluma, or reside within its urban growth boundary 3. Duties. The Committee will advise the City on issues and programs for seniors and active adults in the Petaluma community including the operation of senior facilities. Such advice shall include the following matters: A. Identifying areas of interest and need for seniors and active adults in the Petaluma community. B. Assist in the provision of recreational, social and health - related programs for seniors and active adults. C. Advise the City regarding senior program operations which include recruitment of volunteers and identifying and helping secure funding sources for future programming opportunities. D. Any other advice deemed necessary by the City Council and /or City staff as it pertains to the well -being of seniors and active adults. 4. Terms. The term of office of each member, shall commence on July 1St of the year appointed. Members appointed after July 1St shall serve the remainder of the term they were appointed to fill. No member shall serve more than two, frill, consecutive terns. The members' terms shall be staggered such that the terms of no more than four members shall expire in any given year. Notwithstanding the expiration of a member's term pursuant to this provision, and subject to provision 5, members shall serve until a successor is appointed by the City Council. Subject to the provisions of this resolution, all members currently appointed to the Committee are hereby reappointed to serve as members of the reconstituted Committee as of the effective date of this Resolution. Said 7 reappointed members shall serve on the Committee for the remainder of the terms to which they have been appointed. One member appointed to the Committee in 2015 shall serve until June 30, 2016, and all other members appointed to the Committee in 2015 shall serve until June 30, 2017, as specified in each member's appointment. 5. Resignation/Removal. The City Council may declare the office of a member vacant: upon the resignation, death, disability that results in the inability of a member to perform his /her duties, loss of residency or other status required for the member to be eligible to serve, or unexcused absence of a member from three consecutive regular meetings. The City Council may also remove any member of the Committee, for or without cause. Such removal shall require the affirmative vote of at least four members of the City Council. 6. Vacancies. Upon declaring a Committee office vacant for any reason the City Council shall, at a time convenient to the City Council, appoint a qualified person to fill the vacancy for the unexpired term. 7. Meetings. Meetings shall be held quarterly, and /or at other times, as necessary at a time and date convenient to the majority of the members. Meetings shall be subject to all applicable requirements of the Ralph M. Brown Act ( "the Brown Act ", California Government Code Section 54950 et seq). 8. Quorum /Action. A quorum of four members is required to meet and conduct business. Fewer than four members, or if no members are present staff to the Committee, may adjourn the meetings of the Committee in accordance with all applicable requirement of the Brown Act. All actions or recommendations of the Committee shall be made at a meeting at which a quorum of the Committee is present and shall be made by majority vote of the members present. A tie vote shall constitute no action on the motion, proposed action, or recommendation. 9. Organization. The Committee shall have the right and duty to adopt such rules and regulations as it shall determine appropriate for the conduct of its meetings and the selection of its officers and for the performance of its functions and responsibilities. The Committee shall not have the right to employ any person or incur any expense or obligation without approval from the City Council. ATTACHMENT 3 EXCERPT CHAPTER 2.70 SENIOR ADVISORY COMMITTEE 2.70.010 Establishment. A senior advisory committee, consisting of seven members of the community whose age shall be fifty -five or over, is established for the city. (Ord. 2260 NCS §2, 2007: Ord. 2259 NCS §2, 2007; Ord. 1701 NCS §1 (part), 1987.) 2.70.020 Terms of office. The term of office for each of the members of the commission shall be for two years and no member shall serve more than two consecutive terms. The term of office shall commence as of July 1, 1988. The first three appointments shall be for a term of one year only, and thereafter the terms of those three members shall be for two -year terms. The terms of the other four members shall be for two years from the initial appointment as of July 1, 1988. (Ord. 2259 NCS §2, 2007; Ord. 1701 NCS §1 (part), 1987.) 2.70.030 Organization. Within ten days after the appointment of the committee, it shall meet in regular session and organized by electing from members of the committee, a chairman and secretary, who shall hold office for a term of one year. Thereafter, the committee shall meet in regular session not less than once every sixty days, at a time and place selected by vote of its members. The committee shall have the right and duty to adopt such rules and regulations as it shall determine appropriate for the conduct of its meetings and the selection of its officers and for the performance of its functions and responsibilities. The committee shall not have the right to employ any person or incur any expense or obligation without approval from the city council. (Ord. 2259 NCS §2, 2007; Ord. 1701 NCS §1 (part), 1987.) 2.70.040 Duties. The committee will advise the city on issues and programs for seniors and active adults including the operation of senior facilities. Such advice shall include the following matters: A. Identifying areas of interest and need for seniors and active adults in the Petaluma community. I B. Assist in the provision of recreational, social and health related programs for seniors and active adults. C. Advise the city regarding senior program operations which include recruitment of volunteers and identifying and helping secure funding sources for future programming opportunities. D. Any other advice deemed necessary by any of the members of the city council and /or city staff as it pertains to the well -being of seniors and active adults. (Ord. 2260 NCS §3, 2007: Ord. 2259 NCS §2, 2007; Ord. 1701 NCS §1 (part), 1987.) 2.70.050 Vacancies. Upon the death, resignation, disability to perform the duties of a member of the committee, or upon the loss of permanent residency from the city, or upon the failure to attend any of the meetings of the committee for three consecutive regular meetings, except in case of illness or for some other unavoidable cause, the city council shall review and if found to be appropriate, declare the office of such member vacant and thereupon appoint some qualified person to fill such vacancy for the unexpired term of such member. (Ord. 2259 NCS §2, 2007; Ord. 1701 NCS §1 (part), 1987.) 10