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HomeMy WebLinkAboutAgenda Bill 4.A 10/04/2004CITY OF PETALUMA, CALIFORNIA AGENDA. BILL OC T - 4- 2004 ` Agenda Title Meeting Date October 4, 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 thanwacancies 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 (F). Recommended City Council Action /Suggested 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 regarding 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. IF(evie4ed by Finance Director: Reviewed by City'Attorney A r v. i Manner: Date: � � n .(�� U J� INNER` 200 ,W^ To v's Date: Revision # and Date Revised: File ode: # September 7, 2004 4 4 4 9/7/04 (fmk) CITY OF PETALUMA CALIFORNIA October 4, 2004 AGENDA REPORT FOR REVIEW AND POSSIBLE AMENDMENT TO CITY COUNCIL RULES, POLICIES AND PROCEDURES 1. EXECUTIVE SUMMARY 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 that provision only applies to vacancies other- than vacancies on the City Council itself since the City Charter dictates! what is 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(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 .the City Council which is dictated by Section 13 of the Charter (see attached). Section VII(L) currently states,; " Vacancies : Unless prohibited or restricted by controlling provisions of thei Petaluma, City Council, should a vacancy occur by reason of circumstances set forth in Government Code § §1770, 365.13, 36502, 4 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 §§1770,3650, 3'6502. 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.'VH(A)(4) as: " "Official liaison, delegate and/or appointee of Council '(see Exhibit "A to the Rules for a detailed listing of commissions to which Council members are appointed of r"ecommended.)" to boards, committees, commission etc and not city council seat vacancies. In addifion,�ihere probably would' not be, 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 inay wish to consider modifying said section as follows: " Vacancies : `Unless prohibited or restricted by controlling provisions of the 'Petaluma City G �unei Charter, duly adopted City Ordinances or other controlling estate law should a vacancy occur by reason of circumstances set forth in Government Code §1770, 36513, 36502, Council shall fill any such Council. roresentative vacancy within thirty (30) days or-withi +t, ,+ ( t f l + � 3 � �i ` �` s� rr =9�- ��ccnrr- cr P d- + cttrdrrrvr - arccc Wiese. The appointed successor Councilmember shall serve until the . 'expiration of predecessor's term NA+>, -. °", ° * +^ . ^ +i armate a 1, +L ' w ! 1 >^ 11 1'11 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. A s the Council is aware, Council Member Keith Canevaro was recently called to active military duty and has or shortly will be.deployedto 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 gas 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 Tofil att requested that a written procedure be'established should any such "temporary absence occur in. the future. In this regard, I have prepared a new section to the rules (Section VI(F)) for you :v 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. r' (f) Term of Office: 'The candidate who receives a temporary appointment shall. :serve in the capacity of Council member until. the 'expiration.. of the2 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 nand 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 ORPERFORMANCE MEASUREMENTS`THAT WILL IDENTIFY - SUCCESSOR COMPLETION: N/A 7. AEcoMmENDATION 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. 9/7104 (fmk)• • 1 .ARTICLE 2 Vacancies § 1770. Events catisinb 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. :to 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 that" the'' incumbent will not be able to perform the duties of his .or her office. for the remainder of his `or•her term. This subdivision shall not apply to offices created by 'the California Constitution nor to federal or stafe'leo slators: (c) His or her resignation. (d) His or her rerhoval from office. (e) His or her ceasing to bean '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 her office are required to`be discharged. (f) His or her absence from the state -..without the permission required by law beyond the period allowed. by law. (g) His,oi'::her, ceasing ` discharge the duties of his or :her office for the.period of three.consecutive months,,except when prevented by .sickness, or when.absent from :the state -with the: „permission required by ;law. (h) :His orher. 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..Forthe purposes of this subdivision, . "trial court ' judgment" means a judgment by the - trial :court either sentencing the :officer or :otherwise _upholding and imple ting the ,plea; verdict, or finding. (i) His or her refusal or neglect to - file his or.her required oath or bond4ithin the time prescribed. (j) The decision of a competent tribunal. declaring void his. or her election or ap- pointment. (lc) 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 or. -her comrnitment-:to a hospital or sanitarium 'by a.court of:competent jurisdiction as a drug addict, °dipsomaniac, inebriate,. or stimulant addict,. but in that event the. office shall not be _.deemed vacant • until the order of commitment has- become final. . Amended Stats2002.ch'784 g 122 (SE 1316). Beginning in 1992, 12 Gov Q italics. indicate changes or additions. ” * * indicate omissions. 2y GOVERNMENT CODE SECTION 36.502 § 36502. Eligibility to hold office as councalmember 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 tine of assuming the -office an eiectoriof the city, and was a registered voter of'the city. at the time nomination papers are is- sued,.to.the candidate as prov ded.for:in Section.10227,of the Elections. If, during, his .-or .her term of office, he-or she moves his •or °her place of residence outside of `the city limits or ceases io be an elector of the, city, his or her office shall :immediately °become .vacant. N Notwithstanding- any other provision of law, the city council ,of a general law or charter city may adopt or the residents, of the city may propose,' by 'initiative, . a proposal io.limit.or. repeal a hinit.on the-number of..terms.a member. of .the city council may on:the cig77 council, or the`number.of:terms an elected :mayor may serve.. Any proposal to limit the number of terms a member of the .city council may serve on the city council, or.the number of terms an elected: mayor may serve, shall applyprospectively :only:- and:shall. :not become operative unless it is submitted to &'; electors of:the city at- a regularly scheduled--election :and: a . majority of the votes cast 'on the question favor the adoption ,of the:-proposal. Notwithstanding the provisions, of this subdivision, the provisions of any city charter that, on January 1, 1996 impose limitations on the number of terms a member of the city .council may serve on the, city council, or the number of terms an 'elected mayor may serve, :shall 7emain'in effect. Unless otherwise `prohibited s by , a city charter; any city charter may be pursuant'to "this section or pursuant' to the ' procedures specified in the charter, °to "include he 'limitation authorized •in` this subdivision. Amended Stats 1975 ch 1030 § 4. effective September 24, 1975;.Stats 1994.ch:923.§ 71 (SB'1546j; 5tats' 1995 ch 4321 § (SB 2). • 0. • GOVERNMENT CODE SECTION'36513 § 36513. Vacancy on unauthorized absence of councilman -(a) If 'a ' city counciliftember is absent without permission from all. regular city council ;meetings 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 council meetings for 70 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. Amended Staffs 1990 cH 1558 § 2 (SB 1821). c PETALUMA CITY CHARTER SECTION 1.3 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 vacan cy 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 therefor, the council, after the qualifications of the persons, if. any, elected thereto at such election, shall appoint I 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 office, subject to the provisions of the recall, until the next general municipal election at which said i 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. 4 101, ch. 204, 6- 23 -51.) rti RESOLUTION AMENDING PETALUMA CITY 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 § §.1770, 36513 and 36502, . Council "shall fill any such Council representative vacancy within thirty (30) days. The appointed successor Councilmember shall serve until the expiration of his/her predecessor's term. • Section VI (F) Vacancies and Tem orar 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. r - (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. (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." 9/7104 (fink)