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HomeMy WebLinkAboutAgenda Bill 5.A 04/19/2004APR Is ?nnk *-.4 CITY OF PETALUMA, CALIFORNIA AGENDA BII,L Agenda Title Meeting Date April 19, 2004 Resolution of the Petaluma City Council Amending Petaluma City Council Rules, Policies and Procedures Meeting Time ® 3:00 PM 7:00 PM Category (check one) ❑ Consent Calendar ❑ Public Hearing New Business ❑ Unfinished Business ❑ Presentation Department Director Contact Person Phone Number City Attorney Rich Rudnansky Rich Rudnansky 778 -4362 Cost of Proposal N/A Account Number N/A Amount Budgeted N/A Name of Fund N/A Attachments to Agenda Packet Item 1. Government Code Sections 1770, 36502, and 36513 2. Petaluma City Charter Section 13 3. Resolution Amending Petaluma City Council Rules, Policies and Procedures Summary Statement On January 28, 2002, the City Council adopted rules, policies and procedures. Section IV (E) provides that the City Council "shall review and- modify, if appropriate, the City Council rules at least on a yearly basis." Council is requested to review the current rules and provide direction as to any modifications the Council feels appropriate. The City Attorney's office suggests consideration of modifying Section VII (L) to clarify that this provision only applies to vacancies other than vacancies on the City Council itself since the City Charter dictates what is to occur when there is a vacancy on the City Council. In addition, recently Council Member Torliatt requested that. a procedure be developed for the appointment of temporary replacements for Council Members who are temporarily absent such as the recent situation with Council Member Canevaro who was called to active military duty and which under the Military and Veterans Code authorizes the City Council to appoint a temporary replacement. The City Attorney's office has provided for discussion and consideration by the Council a draft provision, which would be a new Section VI (IF). Recommended City Council Action / Suguested Motion 1. Review and provide direction or take action as to any modifications the Council feels appropriate to the City Council rules, policies and procedures. 2. Consider, discuss and possibly take action regard_ ing the suggested modification to Section VII ,(L) "Vacancies" of the Council rules. 3. Consider, discuss and possibly take action adding Section VI (F) "Council Vacancies and Temporary Absences" to the Council rules. 4. Adopt Resolution approving amendment to City Council Rules, Policies and Procedures. Reviewed by Vin aace Director'. _ evi " Citv Attorne : Date: 3j3t l04 Approved bVfity Manager: Date: ate oday's Date Revision # and Date Revised: File Code: # March 31, 2004 .vj 1/04 (1mk) /IManage #6 /`9694 I CITY OF PETALUMA, CALIFORNIA April 19, 2004 AGENDA REPORT FOR REVIEW AND POSSIBLE AMENDMENT TO CITY COUNCILRULES, POLICIES AND PROCEDURES 1. EXECUTIVE SUMMARY On January 28, 2002, the 'City Council adopied rules, policies and procedures. Section IV (E) provides that the City Council "shall review and modify, if appropriate, the City Council rules at least on 'a yearly basis." Council is requested to review the current.rules and provide direction as to any modifications the Couple feels appropriate. The City Attorney's office suggests consideration of modifying Section VII (L) to clarify that that provision only applies to vacancies other than vacancies on the City Council itself since the City Charter dictates what is to occur when there is a vacancy on the City Council. In addition, recently Council Member Torliatt requested that a procedure be developed for the appointment of temporary replacements for Council Members who are temporarily absent such as the recent situation with Council Member Canevaro who was called to active military duty and which under is the Military and Veterans Code authorizes the City Council to appoint a temporary replacement. The City Attorney's office has provided for discussion and consideration by the Council a draft provision, which would be anew Section VI (F). 2. BACKGROUND The City Council adopted revised Rules, Policies & Procedures (hereinafter referred to as "rules ") on January 28, 2002. Subsequently, there were amendments to these rules on April 1, 2002 and March 3, 2003. Under Section IX (E), the City Council "shall review and modify, if appropriate, the City Council rules at least on a yearly basis." Since it has been approximately one year since the last review, this matter is being brought to you for discussion, direction and. possible. action with'respect to any desired modifications. Section VII involves the appointments to "a local (City), county, regional or other outside board, committee, commission, agency, or task force ". In other words it is intended to address the appointment of a Council member "'representative" to such boards, committees etc and not intended to address the filling of vacancies on 1he:City Council which is dictated, by °Section 13 of the Charter Section VII (L) currently' states: " Vacancies : Unless prohibited or restricted by controlling provisions of the Petaluma City Council, should a vacancy occur by reason of circumstances set forth in Government Code § §1770, 36513, 36502, t Council shall fill any such Council vacancy within thirty (30) days, or • within thirty (30) call for a special election for that purpose. The appointed successor Councilmember shall serve until the expiration of his/her predecessor's term. With respect to other vacancies created by way of provisions set forth in this subsection, Council shall fill such vacancies by appointment within sixty (60) days." Attached to this Agenda Report are copies of Government Code §§1770,36513, 36502. Although Section IX (A) states that the City Charter shall prevail over any provisions in the rules which are inconsistent, you may still wish to consider modifying Section VII (L) to. clarify that the appointment procedure in that section only applies to City Council "representatives" ( "Representative" is defined in Section VII (A) (4) 'as: "Official liaison, delegate and/or appointee of Council (see attached Exhibit "A" for a detailed listing of commissions to which Council members are appointed or recommended.)" to boards, committees, commission etc and not city council seat vacancies. In addition there probably would not be a situation in which the Council would want to have a special election for such Council representative appointment. Also with respect to the last sentence of the current section, since the provisions of Section VII do not intend to address vacancies other than Council representative vacancies, it�appears that the last sentence could be stricken. In this regard, you may wish to consider modifying said section as follows:.. " Vacancies : Unless prohibited .or restricted by controlling provisions of the Petaluma City Gexneil Charter, duly adopted City Ordinances, or other controlling state law should a vacancy occur by reason of circumstances set forth in Government Code §1770, 36513, 36502, Council shall fill any such :Council representative vacancy within thirty 30 days e withi thin, i30 d ays tt f or- ^ spee e ,..., f or- t puTese. The appointed successor Councilmember shall serve until the expiration of his/her predecessor's term With r-espeet to other - n The intent of this suggested modification is to clarify that this provision only applies to vacancies other than vacant seats on the City Council itself since the City Charter dictates what is to occur when there is a vacancy on the City Council. As the Council is aware, Council Member Keith. Canevaro was recently called to active military duty and has or shortly will be deployed to Iraq for an indeterminate amount of time. Under the Military and Veterans Code his absence is specifically declared not to be a vacancy, but rather a temporary absence and authorizes the City Council to appoint a temporary replacement until - Council Member �Canevaro . returns or his term expires. Although State law authorizes the Council to appoint a temporary replacement, :there is no guidance as to the process or procedures to be followed. The Council decided to have an open and public process, which resulted in the appointment of Clark 'Thompson. Council Member Toriliatt requested that ,a written procedure be established should any such temporary abseric* occur in the future. In this regard, I have prepared anew section to the rules (Section VI (F)) for your A• it Ir review, discussion, comment, possible alteration and action. Said proposed draft provision reads as follows: "(F) Council Vacancies and Temporary Absences. 1. A Vacancy in Office of Mayor or Council Member: If a vacancy should occur in the office of Mayor or Council Member, the vacancy shall be filled by appointment pursuant to Section 13 of the Petaluma City Charter. 2. Temporary. Absences in. the Office of Mayor or Council Member: If a temporary absence (as opposed to a vacancy under State law) should occur in the office of Mayor or Council Member, and the appointment of a temporary replacement is either expressly authorized by State law or is not specifically prohibited or inconsistent with State law, the Council may but is not required (unless required to do so by State law) appoint such temporary replacement. If the Council decides to appoint a temporary replacement, the appointment shall be conducted pursuant to the following procedure: (a) By resolution the Council shall, declare a temporary absence and authorize publication of a request for applications (the • form of which is to be determined by the Council) for the temporary appointment. (b) Said application shall be submitted within two weeks of the date the request is published. (c) The appointment shall be made at a regularly scheduled meeting within 30 days or as soon thereafter as possible, after the deadline for submission of applications. (d) Voting: (1) After public interview of candidates, the Council . shall first decide whether it still wishes to appoint a 'temporary replacement with such vote determined by a majority of the Council members present at the meeting. (2) If so, votes shall be conducted until a candidate receives a majority vote of the Council members present at the meeting. Any such appointment shall be by resolution. (e) Oath of Office: The candidate selected shall take the oath • of office at the.meeting in which the appointment occurs. • E L (f) Term of Office: The candidate who receives a temporary appointment shall serve in the capacity of Council member until the expiration of the term of the Council member who is temporarily absent or until the temporarily absent Council member returns to reclaim his or her Council seat unless expressly prohibited by State law." Attached is a proposed Resolution for the Council's consideration. Council should also .review and provide direction on other provisions in the Rules that it wishes to change or modify, if any. 3. ALTERNATIVES a. The City Council may provide directions to amendments, if any, to the City Council Rules, Policies and Procedures. . b. Adopt Resolution amending Section VII (L) of and /or adding Section VI (F) to, the City Council Rules, Policies and Procedures. c. Do not amend current City Council Rules, Policies and Procedures. 4. FINANCIAL IMPACTS • Not applicable. 5. CONCLUSION Pursuant to the City Council Rules, Policies and Procedures, the Council is to review the rules on a yearly basis and make any modifications it feels appropriate. The purpose of this agenda item is to provide the City Council with that opportunity and to consider.a suggestion by the City Attorney's office to amend Section- VII (L) of the rules with the intent `to clarify that .the provision applies only to vacancies other than - vacancies on the City Council since the City Charter dictates what is to occur when .. there is a vacancy on the City Council and to add new Section VI (F) 'to , clarify the appointment procedure for temporary absences. 6. OUTCOMES OR PERFORMANCE MEASUREMENTS THAT WILL IDENTIFY SUCCESS OR COMPLETION: N/A 7. RECOMMENDATION Review .City Council Rules, Policies and Procedures and either adopt the proposed Resolution amending Section VII (L) of and °adding Section IV (F) to said rules and/or provide further direction.' 3/31/04 (fmk) iManage #679897 J � :'1 • • 0 GOVERNMENT CODE SECTION 1770 ART ICLE,2 Vacancies ... § 1770. Events causing °vacancy in .office An office becomes vacant on the happening of any of the following'events before the expiration of the term: (a) The death of the incumbent. ' (b) An adjudication pursuant Ao a;,quo warranto :proceeding declaring that the incumbent is physically or mentally incapacitated due to disease, illness, .or -ac- cident and that there is reasonable cause` to ' believe thaf`the incumbent will not be able to perform the duties of his .or her office for the remainder of liis' other term. This subdivision shall not apply to offices created by the California Constitution nor to federal or state'legislafor's (c) His or her resignation. (d) His or her removal from office: (e) His or her ceasing to be.an inhabitant. of the state', or if the office be local and one for which local residence is: required by law, of the district, county, or city. for which the officer was chosen, or appointed, or within which the duties, of his or tier office are required'to be.discharged 'K *` (f) His or her absence from the "State without the permission required by law beyond .the period allowed: by law (g) His or `her ceasing to discharge the duties of his .or off ceJor the period of.thiee cgnseeutive; months,. except -when:prevented by. sickness, or when absent from the :state with the :permission required by slaw. - (h) -His or.- er, conviction of a felony :or of -.any. offense involving a violation of his. or :her <,official;.duties An officer: shall be deemed to- .have been convicted under this subdivision when trial court judgment is. entered. For the purposes of this subdivision,` teal %court'.judgment" means - a �u..dgment by the dial ,court either sentencing. the :officer. or otherwise upholding and: implementing .the plea, verdict, - or finding. (i) His or .her refusal or neglect to file his or her' required oath or bond within the time -prescnbed . ; f v: 0) The decision of a competent tribunal. declaring void his or her election or ap- pointment. - (k)' The, making of an, order vacating his or.,: her : office or declaring the .office vacant when the officer•'fails to furnish an_ additional or supplemental bond. (l)"His-oIr her:commitnt• a- hospital or.sanitarium`by a.couri :of competent jurisdiction, as a drag: I addict, dipsomaniac,: inebriate,: or stimulant addict; but in that event the. office shall not be deemed vacant until the order of comrriitriient has become -final, Amended Stats 2002 c 784 § 122.(SB 1316). Beginning in.1992, [2=Gov;C] •.:italics, indicate changes or additions. *:" *.indicate omissions. 21 4- GOVERNMENT CODE SECTION 36502 §.36502. Eligibility to hold office: as councihnember, clerk, or treasurer; Vacancy (a) A person is not eligible to hold' office as councilmember, city clerk, or city treasurer; unless he or she is at the time of -assuming the office an elector of the city, and was a registered voter of the city at the time nominationt . papers are . is- , sued.to.th6..cdndidate as ProvidedforAn Section 1022-7.of the.Elections'..Code. If, during his. or her term of :office;:,. he: or she moves his - or her place of residence outside :bf the city limits or eledtor Of the: city,, his or her office shall'immedihtblv become yacan (b) Notwithstanding! any other provision of law, the city council of a. general law or charter cit may adopt or the residents of the city, may propos*e. ' initiative, a:- proposal io-limit.or fep"edl'a limit ori.:the-nunibei of terms -a 'ember of the city m council - may : onAhe city council, or the number. of terms:.an . elected mayor may serve. Any proposal limit the number of terms atmember oflhe..:city ,�.­ council. ma y serve. on the city council, ar.the number of, terms an elected mayor may_.serve, shall; apply.-prospectiv and _shall.:not- become operative unless • . it is submitted to :the , electorst:of - the city at - regularly :scfieduled election :and= a majority of the votes cast on the question favor the adoption oftheproposal. Notwithstanding the provisions of this subdivision, provisions of any city, charter that,'' oil Id' 1, 1996;" impose limitations on n`umbef of terms a member of the - City council may;se on the city council, or the' number of term S, an elected mayor may serve, shaTremainlih Unless otherwise prohibited by a city charter; any city charter rhay be amended pursuant 1 to ` "this: section' or pursuant to :the procedures -specified in the 'Charter, 'io;indlude­the "limitation authbrizediii'this subdivision: Amended Stats 1975 ch 1030 § 4, effective S6ptember 24, 1975 Stats 1994 ch 923 § 71 (SB '1546)' Siats: 1995 ch 432 § 5"(SB 2). - • i' i� § 36513. Vacancy on unauthorized absence of councilman (a)' If a city councllmember is absent without permission from` all regular city council meeting's for 60" days consecutively from the ;last regular meeting he or she attended; his , or her office becomes vacant and shall be filled as any 'other vacancy. (b) Notwithstanding subdivision; ' (a), . if 'a city council meets monthly or less frequently than monthly and" a city councilmember. is absent "without permission from all regular -` city council meetings for 70 days consecutively from the last regular meeting lie: `or she 'attended, his `or` her office becomes vacant and` shall be filled as any other vacancy. Amended Stats 1990 ch 1558 § 2 (SB 1821). ~ 1 i PETALUMA CITY CHARTER SECTION 13 Sec. .13. Vacancy in the office of mayor or councilman. If a vacancy should occur in the office of mayor or councilman, the council shall appoint a person to fill such vacancy until the next general municipal election. If at any municipal election held under section 4 of this Charter, a mayor or the required number of councilmen be not elected by reason of a tie vote among any of the candidates ttherefor, the council, after the qualifications of the persons, if any, elected thereto at such election, .shall appoint one of the persons ,receiving such tie vote to fill such office as in .the case of a vacancy therein. In each case of such vacancy or tie vote, the person so appointed shall .'hold . subject to the provisions of the recall, until the next general municipal election at which said election said vacancy shall be filled. by the election of an eligible person. to serve until 'the end of the term for which the officer creating such vacancy had been, or, in the case of such tie vote, would have been elected. '(Reso. No. 101, ch. 204, 6- 23 -51.) is • r� • AMENDIN,G PETALUMA CITE' COUNCIL RULES, POLICIES AND PROCEDURES WHEREAS; the City Council adopted the Petaluma City Council Rules, Policies and Procedures (hereinafter referred to as "Rules ") on January 28, 2002; WHEREAS, said Rules were amended on April 1, 2002, and March 3, 2003; and WHEREAS, the Council desires to make additional amendments to said. Rules. NOW THEREFORE, BE IT RESOLVED, that the Petaluma City Council hereby adopts the following amendments to, the rules: Section VII (L) Vacancies hereby amended as follows: " Vacancies : Unless, prohibited or restricted by controlling provisions of the Petaluma City Charter, duly adopted City Ordinances, or other controlling state law, should a vacancy occur by reason of circumstances set forth in Government Code § §770, 36513 and 365.02, Council shall fill -any such Council representative vacancy within thirty days. T_ he appointed successor Councilmember shall serve until the expiration of his/her predecessor's term.- • Section VI (F) Vacancies and Temporary Absences is hereby added to the Rules and reads as follows: "(F) Council Vacancies and Temporary Absences. 1. A Vacancy in Office of Mayor or Council Member: If a.vacancy should occur in the office of Mayor or Council Member, the vacancy shall be filled by appointment pursuant to Section 13 of the Petaluma City Charter. 2. Temporary Absences in the Office of Mayor or .Council Member: If a temporary absence (as opposed to a vacancy under State law) should occur in the office of Mayor or Council Member, and the appointment of a temporary replacement is either expressly authorized by State law or is not specifically prohibited or inconsistent with State law, the Council may but is not required (unless required to do so by State `law) appoint such temporary replacement. If the Council decides to appoint a temporary replacement, the appointment shall be conducted pursuant to the following procedure: (a) By resolution the Council shall declare a temporary absence and authorize publication of a request for applications (the form of which is to be determined by the Council) for the temporary appointment. I (b) Said application. shall be submitted within two weeks of the date the is published. (c) The- appointment shall be ,made at a regularly scheduled meeting within 30 days or as soon thereafter as possible, after the deadline for submission of applications.. (d) Voting: (1) After public .interview of candidates, the Council shall first decide whether it still wishes to appoint a temporary replacement with such vote determined by a majority of the Council.. members present at the meeting. (2) If so, votes shall be conducted until a candidate receives a majority vote of the Council' members present at the meeting. Any such appointment shall be by resolution. (e) Oath of Office: The candidate selected .shall take the oath of office at the meeting in which the appointment occurs. (f). Term of Office: The candidate who receives a temporary appointment shall serve in the capacity of Council member until the expiration of the term of the Council member who is temporarily absent or until. the temporarily absent Council member returns to reclaim his or her Council seat unless expressly prohibited by State law." 3/31/04 (fork) iManage #679893