HomeMy WebLinkAboutAgenda Bill 6.B 10/18/2004�G
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CITY OF PETALUMA, CALIFORNIA
AG ENDA BILL OCT 1 8 2004
Agenda Title
Meeting Date .October a 2004
Resolution of the Petaluma City Council Amending Petaluma City
Council Rules, Policies and Procedures
Meeting Time 3:00 PM
v
7:00 PM
Category (check one) ❑ C'onsent Calendar 0 Public Hearing New Business
❑ Unfinished Business F Presentation
Department
Director •,
Contact,P.erson
Phone Number
City Attorney
Rich Rudnansky
Rich Rud i ' _
.778- 43"62
Cost of Proposal N/A
Account Number N/A
Amount Bu fteted N/A
Name of Fund N/A
Attachments to Agennda Packet Item
1. Government Code Sections 1.770, 3 6502, and 36513
2. Petaluma City Charter Section, '13
,3. Resolution Amending Petaluma City Council Rules, Policiesarid 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."
ouncil is requested to review the current rules and provide direction as to any modifications the Council
feels appropriate.
Cit y suggests sideration of modifying The. it Attorne office su ests •con
ng Section: VII(L) to clarify that this provision
only applies to vacancies other than vacancies on the City C'
Council itself since the City Charter dictates what
is to occur when there is a vacancy on the CityCouncil. `
In addition, recently Council Member Torliatt requested that a procedure be developed for the appointment
of temporary replacements for. Members who are temporarily absent such as the recent situation
wrth ' Council •Member Canevaro wh o was call ed' to. acti;ve _military duty. and which under the Military and
,
Veterans Code authorizesthe City Council to appoint a temporary replace`rnent. 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 d prule de direction or take act'ibn as to any inodifications'.the Council feels appropriate to the
C t y _s, policies and procedures.
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2. Consider,. discuss, and possibly take action regarding the suggested modification to Section VH(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.
MevieiW by Finance Director:
Reviewed'by City Attorney
A r, v . "i Manager:
Date:
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a (J
od 's Date
Revision #and Date Revised:
` File tod'e
September 7 2004
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CITY OF PETALUMA, CALIFORNIA
October:4,, 2Q04
AGENDA REPORT
FOR
REVIEW AND POSS'IBLE:AMENDMENT TO CITY COUNCIL. RULES, POLICIES AND PROCEDURES
EXECUTIVE SUMMARY
On January 28, 2002, the .City Council adopted rules, polities and procedures. Section IV(E) provides
basis. Council is requested to reviewt he current ru es opriate the City Council rules at least on a yearly
that the City Council shall`revie y,
q ___ 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 to occur when there 'is a vacancy on'the' Cit y
y 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 appo nt;°a temporary replacement: The
wh Y which Attorney's would be of office hprovided for discussion and consideration by' the Council a draft provision,
Section _ VI(F).
2. )BACKGAOUND
The City 'Council adopted ,revised Rules, Policies &; Procedures (hereinafter referred to as "rules ") on
January 28,. 2002. Subsequently, there were amendments'tb 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 ussio as been approximately one year since the East review, this matter is being brought to you' for
disc ' _ n, direction and possible action with respect to any desired modifications.
olvesi the appointments to "a local (City), county, regional' or.: other outside board,
.
committee,: cl co agency, or task force ". In other. words it ,s intended to address the appointment
of a Council member' "representative" to such, boards committees etc and not intended to address the
filling of vacancies cn'the City Council which is dictated b.y Section 13 of the, Charter (see attached).
Section VII(L) currently states:
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"' 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;.
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 prede
cessor'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'Governmeni 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 clanfy that the appointment
�procedure; in. that ,section only applies to City. Council' "representatives "" ( "Representative"' is, defined in
' Rules-for adet listiOfocial liaison, delegate and /or appointee of Council ,(see' Exhibit "A" to the
g app omrnended:)
to boards,,.committees; commission not council seat vacancies. In addition there probably
would not be a situation'm 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 P echon VII -do not intend 'to address vacancies other than Council representative
vacancies rt a - ears "that the.last.senfence could be stricken.
In, this regard you may wish to consider modifying; said section as .follows:
" Vacancies : Unless rohibited or restricted b " controllin r
p ovisions of
the Petaluma
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City • d Charter; duly adohted City Ordinances or
other controlling- state, law should a vacancy occur by reason of
circumstances set forth in Government Code §1770, ;365.13, 3 '6'502,
Council shall' fill any. such Council representative vacancy within thirty
(30) days 4- within hifty� s- elver —a—� ' ' , 4` f fl t
pose. The appointed successor Councilrnemb .shall serve; until the
expiration o.f His/her predecessor's "term
si xty °TazTJT
The intent of tlisauggested 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.Counci°l.
As the Council. is aware, Council Member Keith. C.anevaro was recently called, to ,active military duty,
shortl l
p y d to Iraq for an indeterminate amount: of time. Under the Military and.
Veterans tC de 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 th'e process or procedures' ;to be followed. The Council 'decided
to , have an open and public which resulted in the appointment of Clark Thompson. Council
Member Ton' 'aft requested that ,a written procedure be est6lished should any,such terripotary absence _-
occur in the future. In this regard, I have prepared a new section to the rules (Section VI(F)) for`yo�
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review, discussion, comment; possible alteration and action. Said proposed draft provision reads as
follows:
"(F) Council Vacancies and Temporar 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 Mayon 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 replac "ement,is either expressly authorized by State law or is not
specifically pro, bited or inconsistent with, State law, the Council may but
not is n uired unless re, wired, to do so by State law) appoint such
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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: hall, be submitted within two weeks of the
date the request is published.
(c) The appointment shalFbe . made at a regularly scheduled
meeting ,within 30 days or as soon 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
maj'ont of the Council morn
y hers 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 thel appointment occurs.
M. Term of Office: The candidate who receives a;,.ateinporaxy
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 tempo orarily 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 Counci,LRules, 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 -agei da iteni is to
provide the City Council with. that' and to consider a.suggestion by the City-A.'
ttorney's office
to amend Section VH(L) of the rules with the intent to ;clarify that, the provision applies only ;to
vacancies otl .er 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. O.UTCOME&DR PERFORMANCE- 'MEASUR MkN.Ts THAT`WILL;:IDENTIFY.SUCCESS OR CO
MP.LETION:
N/A
7. REGOMME-NDATION
Review.City Council Rules,'Policies and Procedures and either: adopt the, proposed Resolution aiiiending
Section VII(L)' 'of and adding Section IV(F)" to said'rules and/or provide further direction.
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,ARTICLE 2
Vacancies
§,• 1770. Events causm "vacancy 'im:.office
An office becomes vacant on the happening of any.of the following`events`before
the , ' iration 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.incapdditaied, due to disease, illness,.or.aC7
cident,.and that 'there is reasonable causer to'' believe that the " incumbent will hot
be able, to perform. the :duties of his :or her ffi
oce• for the, remainder of lus or`lier
term. This .subdivision. shall; not, apply to offices created by the California
Constitution nor lo federal or' state 'legislators
(c). His or her°r
eslgnation.
(d) His or'her'rernoval - from, .office. .
(e) His other 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 :distract, county, or
city for which the, officer w,as chosen, or appointed, or within which the duties, of
his or;her officeiare be discharged *'*
(f) His or .her ,absence °from thersta
to without the permissiori by law
beyond ;the period allowed: by law. .
(g) His or' her, < ceasing' to di charge the duties of 'his or her office for the period
of�three consecutive •months by sickness or when absent
from the state`w.ith ,the permission required by .law.
(h) .,His or' her. conviction :of a', felony or of :any offense involving a violation :of
his or her 'official duties .An officer shall be . deemed-to • l ave.'been. convicted
under this subdivision when trial court judgment ds entered. For the purposes of
this subdivision, "trial court ° judgmen "t" means ;a Judment by the ,trial ,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 prescribed
0) The decision of a competent tribu11 declaring void his or her election or ap-
pomtment.
(k) . The making' of an -order vacating his `or, her office . or declaring .the ;office
vacant when' the officer, fails to furnish an;•_addtional or supplemental bon d.
(l): His Or;her.commitment a hospital or rsanitar um`by a°zourt of'zompetent
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.
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Amen'ded'Stats 2002.ch'794 §' 1. (SB 1316).
Beginning in 1992,
[2 Go\PC] italics. indicate changes or additions. * "` indicate ornissions. 21
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'GOVERNMENT CODE SECTION 36502
§.36502. Eligibility to hold office as couneilmember, ; clerk; ' or treasurer;;
Vacancy
(a) A personis not eligible to hold. ,office as, councilmember ;city clerk, or city
treasurer. ;unless °he %or she is at the time of asSumina the •office an` elector of ahe
city, and was a reo stered voter of the city, at time' tion "papers ar_
sued the candidate as provided for.in Section:10227.of the,, Elections ,Code:
1, "dung his or.her term of office, he or she moves his or' °her place of °residence
outside of jhe city limits or ceases to be an elector of the,clry,; his or her office
shah lminediately become
(b) ''Notwithsianding any, other provision of law; the city council of .a. general law
or charter city may adopt or - #lie residents of the city may propose, by iziitiative,.
a proposal,to.limit or repeal a,liniit.on the, number ofaerms:a membenof.'the. city
council may serve :on :.the crty;�council or ;the,'number of ;terms :and elected °mayor
may serge: Any proposal to .limit the number of °terms, a member of`'the..city
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council. may serve `on the city. council, or the number of ,terms an elected mayor
may serve, shall j_apply •prospectively only.. and shalLnot become operative ;unless
it is submitted to' the electors .of the city afi a re'gtilarly scheduled: election and a
majorih of . them votes cast on the question favor the adoption ..-of the .,proposal
Not ?viihstanding the :provisions. of this subdivision, the piovisions'of any city
charter that, on January .1 '.1996 impose 'limitat7ons on the `bunibei of Germs a
merriber of the city council may. serve ;on, the city council or:the' number- of'feims
an elected mayor: may serve, shall. remain 'in. `effect:: Unless otherv�lse ;prohibited
by` a city :charter; any city charter, .may be' amended .pursuant to' thin section or
pursuant to the procedures speciived 'in the charter, to include' the limitation
authorized - dn Ihis subdivision.
Amended.Stats'1975 ch 1030 § effective September'24, 1975y.Stats 1994;ch =9231 71 '1'S46); Stats199
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ch _432 § (3B" 2).
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GOVERNMENT CODE•SECTION 3651
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§ 36513. Vacancy on unauthorized absence of councilman
(a) If `a "city councilmember js' absent without .permission from all regular city
council she attended ,meetings hs foorr60 d#Office
' cbeco utively from , the last regular meeting he or
becomes vacant and shall be filled.as any other
vacancy.
(b) Notwithsfanding subdly- lion (a ^) if �a city'• council' meets monthly or less
frequently flian monthly and a city councilmembe_r is absent with permission
from all fegular °city council. meetings for '7Q days consecutively from the last
regular meeting 'he or, she attended, his. or her Office becomes vacant and shall
be- filled as any - othen;vacancy
Amended' Stats 1990 cli 1558 § 2 (SB .1821).
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P ET ALUMA CHA RTER SECTION' -13
Sec. - 13. Vacancy in the office of
mayor or councilman.
If a vacancy ishould 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 -tiel vote among
any of the candidates therefor, the council, '
after- the qua lifications of the persons, if any,
elected thereto.. at such',election, shall appoint
one of the persons receiving ch tie vote to �
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fill' such office: 'as in the case of 'a vacancy
therein In; each, case. :6f such. vacancy or e
vote, the:person-so appointed shall hold office,.
subject to the provisions of the recall, until the
next general municipal election at which
election said vacancy shall be filled by the
election. of an. eligible pei`son ,toy 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.)
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RESOLUTION AMENDING PETALUMA CITY COUNCIL
RULES, POLICIES,ANDTR•OCEDURES
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 add en to said Rules.
- amendrnents�to tlie.rules: _ rna City Council hereby adopts the
NOW THEREFORE BE -IT RESOLVED; that the' Petal u
following
'Section VII(L) Vacancieshereby 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 365.02, Council shall fill any such I 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 an d Tem orary p A bsences hereby added: to the Rules and reads
as follows:
"(F) Council Vacancies and Terriporary Absences.
1. A Vacancy in Office of Mayor or Council Member: If a vacancy
should occur in the o f
fice'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, m•t M
he office�ofa -, yor or,Council'Member 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
,q so by State law
ed; (unless required; to do, ) appoint such .
is not re ue decides to a oint a temporar
temporary replacement. If the Council. � pp p y
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:
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(b) .. Said, application shall be submitted within two weeks of the
dateAhe request is published.
(c)' The appointment
shall be made at - a regular scheduled
meeting day or as soon thereafter. as p I ,y , after , the
deadline f6r, subm applicatiofi§..
(d) Voting:
(1) After public interVibW ofcandidates, the Council
-shall, first, . decide Whether it still wishes to appoint a.
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temporar replacement with such vote �-' erm
7 1 � , det, ined by a
majority of the Council members present a• the meeting.
`(2), If so, votes' shall be conducted until a candidate
. receives :a, majority vote .of the , Cotm(jit tnennbers present at
the ftieeting. An luti
Any p6intmetitslid1lbe.byreso on.
Oath.:of Office The candidate selected shall vtakefhe
path
of office af the 4neetin n
g i. which the appoin tment occurs
M Term of Qffic�e: The candida:te" , wfio- receives. a` temporar
-,y
appointment ;shall. serve in the capacity' of Council member until
- the expiration of. the term of the „ Council member, who. is
itemporarily absent or until the temporarily absen t Council : M''ember
, returns to - reclaim his Or her Council seat unless bXpressly
prohibited by State law.
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