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HomeMy WebLinkAboutStaff Report 4.A 12/01/2008rA_ December 1, 2008 CITY OF PETALUMA, CALIFORNIA AGENDA BILL Agenda Title: Adoption of Resolution Repealing and Updating the Meeting Date: Enabling Legislation for the Pedestrian and Bicycle Advisory Committee. December 1, 2008 (Cooper) Meetine Time: 7:00 PM Category: ❑ Presentation ❑ Consent Calendar ❑ Public Hearing ❑ Unfinished Business © New Business Department: Director: ^ Contact Person: Phone Number: W�/ City Clerk Claire Cooper Claire Cooper 778.4360 Cost of Proposal: Staff time to attend meetings; prepare and distribute Name of Fund: General Fund — agendas and staff reports. Public Works Full -Time Salary Amount Budgeted: The annual cost to provide administrative support for Account Number: this committee is estimated at $15,300.00. The action recommended in this 1100-16100-51110 report will not incur additional expense. Recommendation: It is recommended that the City Council take the following action: Adopt resolution repealing and updating enabling legislation for the Pedestrian and Bicycle Advisory Committee. Summary Statement: The current enabling legislation for the Pedestrian and Bicycle Advisory Committee states that the committee is to consist of ten members - seven members of the community at large and three liaisons: one from the Planning Commission, one from the Recreation, Music, and Parks Commission, and one from the City Council. It also requires the presence of seven members to establish a quorum. Staff recommends that the composition of the committee be altered to reduce the number of members to nine — six members from the community at large and the three liaisons noted above. It is also recommended that the number of members required to be present to form a quorum be reduced from seven to five. Attachments to Agenda Packet Item: Draft resolution repealing and updating enabling legislation for the Pedestrian and Bicycle Advisory Committee. Reviewed by Admin. Svcs. Dir: I Reviewed by City Attorney Date: , / � Date: Rev. 4 ( Date Last Revised: File: App vTd_byc City Manager: Date: CITY OF PETALUMA, CALIFORNIA DECEMBER 1, 2008 AGENDA REPORT FOR ADOPTION OF RESOLUTION REPEALING AND UPDATING THE ENABLING LEGISLATION FOR THE PEDESTRIAN AND BICYCLE ADVISORY COMMITTEE 1. RECOMMENDATION: Staff recommends that Council adopt the resolution repealing and updating enabling legislation for the Pedestrian and Bicycle Advisory Committee. 2. BACKGROUND The current enabling legislation for the Pedestrian and Bicycle Advisory Committee states that the committee is to consist of ten members - seven members of the community at large and three liaisons: one from the Planning Commission, one from the Recreation, Music, and Parks Commission, and one from the City Council. It also requires the presence of seven members to establish a quorum. Scott Duiven, the staff advisor to the committee, reports that the committee has not been able to meet for their last two scheduled meetings due to lack of quorum, which is complicated by the fact that Marja Tarr, who is both a member of PBAC and the Recreation, Music, and Parks Commission, has been serving the role of RMPC liaison to PBAC. The attached draft resolution reduces the number of members at large from seven to six, and the total number of members from ten to nine. Ms. Tarr will no longer be a member at large, but will continue in her role as liaison from the Recreation, Music, and Parks Department. The resolution also specifies the number of members to establish a quorum as five. Additionally, reducing the total number of members from ten to nine will prevent the possibility of tie -votes. d. FINANCIAL IMPACTS: Staff time to attend meetings; prepare and distribute agendas and staff reports. The annual cost to provide administrative support for this committee is estimated at $15,300.00. The action recommended in this report will not incur additional expense. W Resolution No. 2008 -XXX N.C.S. of the City of Petaluma, California A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PETALUMA REPEALING AND UPDATING ENABLING LEGISLATION FOR THE PEDESTRIAN AND BICYCLE ADVISORY COMMITTEE WHEREAS, the City Council created the Pedestrian and Bicycle Advisory Committee ("the Committee") on January 19, 1993, by adopting Resolution 98-23 N.C.S.; and, WHEREAS, the City Council revised the composition and reporting authority of the Committee on February 6, 1995, by adopting Resolution 95-39 N.C.S. , on August 6, 2001 by adopting Resolution 2001-148 N.C.S., and on August 4, 2008 by adopting Resolution 2008-154 N.C.S.; and, WHEREAS, the City Council wishes to clarify the duties, authority, composition, voting, terms, vacancies, and criteria for removal for all City Boards, Commissions, and Committees. NOW, THEREFORE, BE IT RESOLVED that: 1. Repeal. All previous resolutions relating to the City's Pedestrian and Bicycle Advisory Committee ("Committee") are repealed and superseded by this resolution to the extent that they contain provisions that conflict with this resolution. 2. Composition. The Committee shall consist of nine members, as follows: • Six pedestrian/bicyclist members shall be appointed by Council from the community at large. Members shall be current residents of the City of Petaluma who have resided in Petaluma for at least one year, except for two members, who may live outside City limits. • One member of the Planning Commission, selected by the Planning Commission, who shall serve as liaison between the Committee and the Planning Commission, and who shall be a voting member of the Committee. • One member of the Recreation, Music, and Parks Commission, selected by the Recreation, Music, and Parks Commission, who shall serve as liaison between the Committee and the Recreation, Music, and Parks Commission, and who shall be a voting member of the Committee. • One member of the City Council, selected by the City Council, who shall serve as liaison between the Committee and the City Council, and who shall be a voting member of the Committee. 3. Continuance of Current Terms. Subject to the terms of this resolution, current members of the Committee shall continue to serve for the remainder of the terms to which they have been appointed, with the exception of Marja Tarr, who has been serving as both a member Resolution No, 2009 -XXX N C S .a from the community at large and as the liaison from the Recreation, Music, and Parks Commission. This resolution reduces the number of members at large from seven to six. Ms. Tarr will no longer be a member at large, but will continue her role as liaison from the Recreation, Music, and Parks Commission. The remaining members at large and the expiration date of each tern are: Name Asselmeier, Pamela Hatheway, Melissa Hauswald, Yuri Brennan Lofroos, Kit Webster, David Term Ending 6/30/09 6/30/12 6/30/12 6/30/11 6/30/11 Yetter, Mara 6/30/11 The current liaisons are: Name Liaison From Term Barrett, Teresa City Council 1/08-12/08 Arras, Chris Planning Commission 7/08-6/09 Tarr, Marja Recreation, Music, & Parks Commission 7/08-6/09 4. Mission. The mission of the Committee is to develop bicycle and pedestrian projects and submit them for final adoption by the Sonoma County Transportation Authority. 5. Duties/Authority. The Committee's duties shall include education, public relations and fundraising relating to issues of importance to pedestrians and cyclists in the Petaluma community, providing advice to the City Council regarding such matters, and such other duties as may be prescribed by ordinance, resolution, rule or direction of the City Council. The Committee's duties do not include oversight of Petaluma staff or operations. The Committee has no authority to employ any person or incur any expense or obligation without approval of the City Council. The committee shall have the right to establish such procedures and regulations as it deems appropriate for the conduct of its meetings, the selection of its officers and the performance of its functions, consistent with applicable law, including all applicable City ordinances, regulations, rules and/or direction of the City Council. 6. Terms. The term of office of each member, other than the Planning Commission Liaison, Recreation, Music, and Parks Liaison, and Council Liaison, shall be four years, and no member shall serve for more than 3 consecutive terms. The Planning Commission and Recreation, Music, and Parks Commission Liaisons shall be appointed annually by those bodies to serve a one-year term from July 1 — June 30. The Council liaison shall be appointed annually in January by the City Council to serve for that calendar year. The members' terms shall be staggered such that the terms of no more than five members, not including the City Council Liaison, shall expire in any given year. Notwithstanding the expiration of a member's tern pursuant to this provision, and subject to provision 7, members shall serve until a successor is appointed by the City Council. Resolution No. 2008 -XXX N.C.S. 9 7. 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 her/his duties; loss of permanent City residency or other status required for the member to be eligible to serve; unexcused absence of a member from three consecutive regular meetings of the Committee; or for any other reason in the Council's sole discretion. 8. Vacancies. Upon declaring a Committee office vacant for any reason, the City Council shall thereupon appoint a qualified person to fill the vacancy for the unexpired term. 9. Quorum/Action. A quorum of 5 members is required to meet and conduct business. Fewer than 5 members, or if no members are present, staff to the Committee, may adjourn meetings of the Committee in accordance with all applicable requirements of the Ralph M. Brown Act (California Government Code Section 54950 el seq.). 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. 10. Staff. The City's Public Works Director and/or designees of the Public Works Director shall serve as Committee staff and advise and support the Committee as appropriate in the performance of its duties. 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 Council of Approved as to the City of Petaluma at a Regular meeting on the I" day of December, 2008, by the form: following vote: AYES: NOES: ABSENT: ABSTAIN: ATTEST: City Clerk City Attorney Mayor Resolution No. 2008 -XXX N.CS 5