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HomeMy WebLinkAboutStaff Report 3.A 09/14/2015Agenda Item #3.A . F DATE: September 14, 2015 TO: Honorable Mayor and Members of the City Council FROM: John C. Brown, City Manag SUBJECT: Adoption (2nd reading) 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 RECOMMENDATION It is recommended that the City Council adopt 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 become effective on the effective date of the Ordinance. BACKGROUND On August 3, 2015, the City Council unanimously approved by a vote of 6 -0, with one member absent, the first reading of an ordinance repealing Chapter 2.70 of the Petaluma Municipal Code, and adopted a resolution establishing a reconstituted Senior Advisory Committee to become effective on the effective date of the Ordinance (Attachment 2). Chapter 2.70 of the Petaluma Municipal Code had reestablished a Senior Advisory Committee pursuant to Ordinance No. 2260 N.C.S. adopted on February 26, 2007. Changes to an Ordinance must be made by Ordinance, and require two readings and a thirty -day waiting period, whereas a resolution requires one reading and has immediate effect. It was recommended that rather than revise the Municipal Code, the Senior Advisory Committee be reconstituted by resolution. 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. DISCUSSION The resolution adopted by the City Council on August 3, 2015, 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. At the August 3rd meeting, the Council unanimously agreed to a minor change to Section 2, Composition, to better define the residency requirement, recognizing the Senior Center and City Senior Services are also available to seniors outside City limits but within the immediate area. The City Council emphasized, in making this change, that Post Office Box numbers are not sufficient to establish residency; members and applicants for positions on the Committee must reside at a physical address within one of the two Petaluma zip codes — 94952 or 94954. 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 shall reside at a residence with a Petaluma mailing address. The Ordinance repealing Chapter 2.70 of the Petaluma Municipal Code requires two readings and is followed by a thirty -day waiting period before it becomes effective. The resolution adopted by the City Council on August 3, 2015, is drafted to become effective on the effective date of the Ordinance, October 14, 2015. Since the Senior Advisory Committee currently lacks a quorum, and cannot meet again until this enabling legislation is effective, the Council also asked staff to expedite the appointment process to the degree possible. Member appointments can be made prior to the effective date of the legislation, although the Committee cannot meet until after that date. The City Clerk has re- advertised the 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. Applications are due by 5 PM on Monday, September 14th with appointments scheduled for the Monday, September 21St meeting. The recommended action provides for a second reading and adoption of the ordinance. FINANCIAL IMPACTS There are no net financial impacts associated with the recommended changes. ATTACHMENTS 1. Ordinance 2. Resolution 2015 -126 N.C.S. 2 ATTACHMENT I EFFECTIVE DATE ORDINANCE NO. 2548 N.C.S. OF ORDINANCE Introduced by 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. 3 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 4 ATTACHMENT 2 Resolution No. 2015 -126 N.C.S. of the City of Petaluma, California 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 acommission 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 activitymay 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). 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. 2548 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. 2548 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 shall reside at a residence with a Petaluma mailing address. 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 1` of the year appointed. Members appointed after July 1S` shall serve the remainder of the term they were appointed to fill. No member shall serve more than two, full, consecutive terms. 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 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). N 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. Under the power and authority conferred upon this Council by the Charter of said City. REFERENCE: I hereby certify the foregoing Resolution was introduced and adopted by the C, Vro ed as to Council of the City of Petaluma at a Regular meeting on the 3d day of August, m: 2015, by the following vote: C&yr ttorney AYES: Albertson, Barrett, Mayor Glass, Healy, King, Vice Mayor Miller NOES: None ABSENT: Kearney ABSTAIN: None ATTEST: City Clerk Mayor