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HomeMy WebLinkAbout2014-07-22; City Council; 21699; Amending Code Section 2.06.070 Appointments to Mayor, Council Boards, Commissions, Committees ProcessCITY OF CARLSBAD - AGENDA BILL 17 AB# 21.699 Introduction of an Ordinance Amending Carisbad Municipal Code (CMC) Section 2.06.070 DEPT. r<r>^ ^ DIRECTOR V^^/ MTG. July 22, 2014 Appointments to Mayor and City Council Appointed CITY ATTY.'^-r^ DEPT. City Clerk's Boards, Commissions, and Committees and of CITY MGR. Office Adoption of a Resolution Approving Council Policy for the Appointment Process of Mayor and City Council Appointments to Boards, Commissions, and Committees RECOMMENDED ACTION: 1) Introduction of Ordinance No. CS-259, amending Carlsbad Municipal Code section 2.06.070 Appointments to Mayor and City Council appointed boards, commissions, and committees. 2) Adoption of Resolution No. 2014-190 adding a Council Policy for the appointment process of Mayor and City Council appointed board, commission and committees. ITEM EXPLANATION: Section 2.06.070 of the Carlsbad Municipal Code reads: The Mayor, with the approval of the City Council, shalt make att appointments to boards, commissions and committees with the exception of the Ptanning Commission, and unless otherwise specifically provided by statute. Section 2.06.070 is being amended to create a more efficient process for the appointment to all boards, commissions, and committees. Government Code Section 54974 refers to the unscheduled vacancy which occurs in any board, commission, or committee for which the legislative body has the appointing power, whether due to resignation, death, termination, or other causes, a special vacancy notice shall be posted in the office of the clerk of the local agency, and the library designated pursuant to Section 54973, and in other places as directed by the legislative body, not earlier than 20 days before or not later than 20 days after the vacancy occurs. Final appointments to the board, commission, or committee shall not be made by the legislative body for at least 10 working days after the posting of the notice in the clerk's office. With recent appointments to boards, commissions and committees it has come to staffs attention that a Council Policy which is based on Government Code section 54974 would assist in the implementation of the appointment process, while providing greater transparency to the residents of Carlsbad. Approving the resolution (Exhibit 3) will adopt the Council Policy (Exhibit 4) that provides greater consistency for all board, commission and committee appointments. DEPARTMENT CONTACT: Shelley Collins 760-434-2917 ShelleY.Colllns@carlsbadca.gov FOR CLERK USE. COUNCIL ACTION: APPROVED CONTINUED TO DATE SPECIFIC • DENIED • CONTINUED TO DATE UNKNOWN • CONTINUED • RETURNED TO STAFF • WITHDRAWN • OTHER - SEE MINUTES • AMENDED • REPORT RECEIVED • Boartis, Commissions and Committees Page 2 FISCAL IMPACT: None. ENVIRONMENTAL IMPACT: Pursuant to Public Resources Code Section 21065, this action does not constitute a "project" within the meaning of CEQA in that there is no potential to cause either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment, and therefore, does not require environmental review. EXHIBITS: Exhibit 1 Ordinance amending Carlsbad Municipal Code § 2.06.070 Exhibit 2 Carlsbad Municipal Code Chapter 2.06 strikeout/additions Exhibit 3 Resolution adopting Council Policy - Appointments to Boards, Commissions, and Committees Exhibit 4. Council Policy - Appointments to Boards, Commissions, and Committees 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ORDINANCE NO. CS-259 INTRODUCTION OF AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CAUFORNIA, AMENDING CARLSBAD MUNICIPAL CODE SECTION 2.06.070 FOR THE APPOINTMENT PROCESS OF MAYOR AND COUNCIL APPOINTED BOARDS, COMMISSIONS, AND COMMITTEES WHEREAS, the City Council of the City of Carlsbad, California amending Carlsbad Municipal Code Section 2.06.070, the City Council has reviewed and considered for the appointment process of Mayor and City Council appointed positions to boards, commissions and committees; and NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CARLSBAD DOES ORDAIN AS FOLLOWS: SECTION 1: The Carisbad Municipal Code section 2.06.070 is amended to read in full as follows: 2.06.070 Appointments. The appointments shall be made bythe Mayor with City Council concurrence except for the Planning Commission (CMC 2.06.070) and Historic Preservation Commission (CMC 2.42.020) which are appointed by a majority of the City Council. Unless Mayor appointment, the item will be listed on the agenda under Consent Calendar and will list the board, commission, and committee with vacancy and the name of person to be appointed. The City Council will vote and if a majority concurs the appointment will be finalized and entered into the meeting minutes. INTRODUCED AND FIRST READ at a regular meeting of the Carlsbad City Council on the 22"-^ day of July, 2014, and thereafter, /// /// /// -1 - EXHIBIT 1 PASSED AND ADOPTED at a regular meeting ofthe City Council ofthe City of Carlsbad on the day of , 2014, by the following vote, to wit: AYES: NOES: ABSENT: I APPROVED AS TO FORM AND LEGALITY: Celia A. Brewer, City Attorney MATT HALL Mayor ATTEST: BARBARA ENGLESON, City Clerk -2- EXHIBIT 1 Chapter 2.06 MAYOR Sections: 2.06.010 Term of office. 2.06.020 Presiding at meetings. 2.06.030 Keeping order. 2.06.040 Mavor as council member. 2.06.050 Signing various documents. 2.06.060 Ceremonial duties. 2.06.070 Appointments. 2.06.080 Vacancy in office. 2.06.090 Eligibilitv for office. 2.06.010 Term of office. In accord with a vote ofthe citizens ofthe city, the office of mayor shall be an elected office. The person elected as mayor shall hold office for a term of four years from the first Tuesday succeeding his election and until his successor is elected and qualified. 2.06.020 Presiding at meetings. The mayor shall assume the chair of the presiding officer on the first Tuesday after the election and thereafter shall preside at all meetings of the city council. The mayor shall state every question coming before the council, announce the decision of the council on all subjects and decide all questions of procedure and order, subject, however, to an appeal to the council by any individual member of the council, in which event a majority vote of the council shall govern and conclusively determine such question. 2.06.030 Keeping order. The mayor shall preserve strict order and decorum at all meetings of the city council. 2.06.040 Mayor as council member. The mayor is a member of the city council with all the powers and duties of a member of the city council. The mayor may make or second motions and othenwise participate fully in the workings ofthe city council. The mayor shall vote on all questions. Whenever the vote is taken by means of a roll call, the mayor's name shall be called last. 2.06.050 Signing various documents. The mayor shall sign: (1) All warrants drawn on the city treasury; (2) All written contracts and conveyances made or entered into by the city as specified in Chapter 3.28; (3) All instruments requiring the city seal. EXHIBIT 2 The city council may by ordinance authorize other officers of the city to sign such documents if the mayor and mayor pro tempore are both absent or unable to act. 2.06.060 Ceremonial duties. The mayor shall be the official head of the city for all ceremonial purposes, and shall perform all other duties as may be prescribed by ordinance or by the council consistent with the office. 2.06.070 Appointments. Tho mayor, with the opproval of tho city council, shall make all appointmonts to boards, commissions and committoos with tho oxcoption of tho planning commission, and unless otherwiso spocifically provided by statute. The appointments shall be made by the Mavor with Citv Council concurrence except for the Planning Commission (CMC 2.06.070) and Historic Preservation Commission (CMC 2.42.020) which are appointed bv a maioritv ofthe Citv Council. Unless Mavor appointment, the item will be listed on the agenda under Consent Calendar and will list the board, commission, and committee with vacancy and the name of person to be appointed. The Citv Council will vote and if a maiority concurs the appointment will be finalized and entered into the meeting minutes. 2.06.080 Vacancy in office. In the case of a vacancy in the office of the mayor for any reason, the city council shall, within sixty days of the effective date of vacancy, either fill the vacancy by appointment or call a special election to fill the vacancy, provided, however, that when petitions bearing ten percent ofthe verified signatures of registered voters are presented to the city clerk, a special election shall be called. If the city council fails to fill the vacancy within sixty days, it shall immediately call an election to fill the vacancy, to be held on the next established election date to be held not less than one hundred fourteen days thereafter. A person appointed or elected to fill a vacancy shall hold office for the unexpired term of the former incumbent. 2.06.090 Eligibility for office. (a) A person is not eligible to hold office as mayor unless that person is, at the time of assuming such office, an elector ofthe city. (b) Notwithstanding Government Code section 53227 or any successor statute regulating the eligibility of a local agency employee to serve on the legislative body of that agency, the mayor may simultaneously serve, without compensation, as a volunteer police officer subject to all federal and state laws, municipal ordinances and rules and regulations ofthe police department. EXHIBIT 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 2014-190 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CAUFORNIA, ADOPTING A COUNCIL POLICY FOR THE APPOINTMENT PROCESS OF MAYOR AND COUNCIL APPOINTED BOARDS, COMMISSIONS, AND COMMITTEES WHEREAS, the City Council of the City of Carlsbad, California, the City Council has reviewed and considered a request to adopt a Council Policy for the appointment process of Mayor and City Council appointed positions to boards, commissions and committees; and WHEREAS, the proposed Council Policy for the appointment process of Mayor and City Council appointed positions to boards, commissions, and committees is identified as Exhibit 4 to Agenda Bill # 21,699 ; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California, as follows: 1. That the above recitations are true, correct and incorporated here. 2. Adopt Council Policy (Exhibit 4) for the appointment process of Mayor and City Council Appointed Boards, Commissions, and Committees. /// /// /// /// /// 1 - EXHIBIT 3 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PASSED, APPROVED AND ADOPTED at a Regular Meeting ofthe City Council ofthe City of Carisbad on the 22"" day of July, 2014, by the following vote to wit: AYES: NOES: Council Members Hall, Packard, Wood, Schumacher and Blackburn. None. ABSENT: None. MATT HALL Mayor ATTEST: BARBARA ENGLESON, Ofty Clerk i^*City of Carlsbad Council Policy Statement Category: Specific Subject: Mayor and City Council appointees Policy No. 81 Date Issued: July ^2014 Effective Date: July ^ 2014 Cancellation Date: Supersedes No. Resolution NO. 2014-190 PURPOSE: To enable the City of Carlsbad Mayor and City Council to appoint members to boards, commissions and committees representing the City of Carlsbad. Government Code Sections 54970-54974 refer to local appointments. Government Code Section 54972, states that on or before December 31 of each year, each legislative body shall prepare an appointments list of all regular and ongoing boards, commissions and committees which are appointed by the legislative body of the local agency. This list shall be known as the Appointments List. The list shall contain specific information listed in Government Code Section 54972. Government Code Section 54974 refers to the unscheduled vacancy which occurs in any board, commission, or committee for which the legislative body has the appointing power, whether due to resignation, death, termination, or other causes, a special vacancy notice shall be posted in the office ofthe clerk ofthe local agency, and the library designated pursuant to Section 54973, and in other places as directed by the legislative body, not earlier than 20 days before or not later than 20 days after the vacancy occurs. Final appointments to the board, commission, or committee shall not be made by the legislative body for at least 10 working days after the posting ofthe notice in the clerk's office. This policy does not supersede laws, instead it is incorporating them into the Carlsbad Municipal Code by reference. BACKGROUND: Staff has found that the need to formalize the appointment process in a policy as an outline to staff and the public on the expectations of an appointed position on a board, commission, or committee. The process includes the notice of vacancy, acceptance of applications, review by council, the formal appointment and finally the requirements of appointee once the appointment is made. The appointments shall be made by Mayor with City Council concurrence except for the Planning Commission and Historic Preservation Commission which are appointed by a majority ofthe City Council. The item will be listed on the agenda under the Consent Calendar and will list the board, commission, and committee with vacancy and the name of person to be appointed. The City Council will vote and if a majority concurs the appointment will be finalized and entered into the meeting minutes. EXHIBIT 4 Mayor/City Council Appointments Policy Page 2 POLICY: 1. Upon the notice of an unscheduled vacancy either by resignation, death, termination, or other causes, a special vacancy notice shall be posted in the Office ofthe City Clerk at City Hall on the bulletin board located outside the Council Chamber, Dove and Cole libraries and the city website under the boards, commission, and committee section. This action will take place not earlier than 20 days before or not later than 20 days after the vacancy occurs. The final appointment to the board, commission, or committee shall not be made by the legislative body for at least 10 working days after the posting of the notice in the City Clerk's Office. 2. Applications will be accepted in the City Clerk's Office electronically, by mail and hand delivered for a period of 10 working days. The application will be available on the city website for ease of access to the residents of Carlsbad. 3. Following the application deadline, all applications received will be provided to the Mayor and City Council for review. Depending on the board, commission, or committee requirements for appointment in the Carlsbad Municipal Code, the Mayor will review applications and ask for Council concurrence at a regular scheduled City Council Meeting. 4. The appointment will be scheduled for the next regular City Council Meeting. 5. This policy applies to all Mayor and City Council appointed boards, commissions and committees ofthe City of Carlsbad current and future. 6. This policy requires that an image of the vacancy notice be scanned into the records management system for a retention term according to the City adopted records retention schedule. 7. The appointment recommendation and results of City Council action shall be memorialized in the official City Council meeting minutes. 8. Once an appointment is made staff in the City Clerk's Office will be responsible for contacting the appointee with instructions on conflict of interest filings, AB 1234 Code of Ethics training requirements the Oath of Office will be administered and a binder will be provided that includes an outline on the specific requirements of board, commission, or committee the person is appointed to, a copy ofthe Brown Act, the Public Records Act and the Parliamentary Procedures. Mayor and City Council Appointments to Boards, Commissions and CommitteesShelley Collins, CMC,Assistant City ClerkJuly 22, 2014 Adoption of Ordinance CS‐259•Ordinance would amend CMC section 2.06.070 entitled, Appointments to Mayor and City Council Appointed Boards, Commissions and Committees.–Adds a Council Policy for the appointment process–Combines different areas of the code into one policy–Does not change existing code Resolution adopting policy•Adoption of policy would assist in the implementation of the appointment process by providing an outline to staff and the public on the expectations of the appointment process.–Notice of Vacancy–Acceptance of Applications–Review by Council–Formal Appointment–Requirements of Appointee once Appointment is made. Questions?