HomeMy WebLinkAbout2019-01-29; City Council; ; City of Carlsbad commission nomination and appointment process� CITY COUNCIL � Staff Report
Meeting Date:
To:
From:
Staff Contact:
January 29, 2019
Mayor and City Council
Scott Chadwick, City Manager
Jason Haber, Assistant to the City Manager
jason.haber@carlsbadca.gov or 760-434-2958
CA Review�
Subject: City of Carlsbad commission nomination and appointment process
Recommended Action
Consider a request from Councilmember Barbara Hamilton to discuss the city's commission
nomination and appointment process.
Executive Summary
On January 22, 2019, Councilmember Hamilton submitted the attached email (Exhibit 1) to the
city manager requesting that the subject item be placed on a City Council agenda.
Pursuant to Carlsbad Municipal Code Section 1.20.060.C:
The city manager is responsible for scheduling matters for consideration by the council
based on established council priorities, the city's business and governmental needs, and
requirements of applicable law. Items of business may be placed on the agenda by any
member of the council, the city manager or the city attorney, or by council action.
Council-originated items must be submitted to the city manager not less than seven
days before the date of the council meeting at which the member desires the item to
appear on the agenda. Nothing in this section precludes a council member from
requesting council action to place an item on the agenda for a future meeting.
Discussion
On July 24, 2018, the City Council adopted Ordinance No. CS-337, adding Chapter 2.15 Boards
and Commissions to the Carlsbad Municipal Code (Exhibit 2). On September 25, 2018, the City
Council adopted Resolution No. 2018-178, establishing a transition plan for the appointment of
new members to the Planning Commission, Parks and Recreation Commission and Traffic Safety
Commission (Exhibit 3). On October 16, 2018, the City Council adopted Ordinance CS-342,
amending Section 2.15.050 of the Carlsbad Municipal Code to add two members to the Traffic
Safety Commission (Exhibit 4).
Fiscal Analysis
No city funding is being requested.
Jan. 29, 2019 Item #8 Page 1 of 15
Next Steps
To be determined, as directed by City Council.
Environmental Evaluation (CEQA)
Pursuant to Public Resources Code Section 21065, this action of discussing the city's commission
nomination and appointment process, does not constitute a "project" within the meaning of the
California Environmental Quality Act (CEQA) in that it has 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.
Public Notification
This item was noticed in accordance with the Ralph M. Brown Act and was available for public
viewing and review at least 72 hours prior to scheduled meeting date.
Exhibits
1.January 22, 2019 -Request from Councilmember Barbara Hamilton to place an item on a
City Council Agenda (Email correspondence)
2.City Council Ordinance No. CS-337
3.City Council Resolution No. 2018-178
4.City Council Ordinance No. CS-342
Jan. 29, 2019 Item #8 Page 2 of 15
Exhibit 1
On Jan 22, 2019, at 8:21 PM, Barbara Hamilton <Barbara.Hamilton@CarlsbadCA.gov> wrote:
Scott,
Consistent with Carlsbad Municipal Code Section 1.20.060, I am requesting the City Manager docket for
Council's consideration a discussion of the commission nomination and appointment process.
Hope your cold gets better.
Barbara Hamilton
Carlsbad City Council Member
barbara.hamilton@carlsbadca.gov
760-717-6627
Your thoughts, your words, your actions: they matter.
Jan. 29, 2019 Item #8 Page 3 of 15
ORDINANCE NO. CS-337
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
CALIFORNIA, REPEALING SECTIONS 2.08.080, 2.08.090, 2.08.092, 2.08.094,
AND 2.08.110 OF THE CARLSBAD MUNICIPAL CODE AND ADDING CHAPTER
2.15 BOARDS AND COMMISSIONS
WHEREAS, on May 23, 2017 the City Council of the City of Carlsbad, California determined that
the Carlsbad Municipal Code requires revisions and amendments and that a comprehensive update to
the Carlsbad Municipal Code is necessary to improve clarity and consistency as well as to reflect current
legal and professional best practices; and
WHEREAS, on May 23, 2017 the City Council of the City of Carlsbad adopted Resolution 2017-
095 authorizing the Carlsbad Municipal Code update; and
WHEREAS, staff recommended that the City Council review the rules and procedures related to
Boards and Commissions which are contained in Title 2 of the Carlsbad Municipal Code; and
WHEREAS, on February 1, 2018, the City Council held a facilitated workshop and discussed the
rules and procedures related to Boards and Commissions; and
WHEREAS, the City Council wishes to revise the Carlsbad Municipal Code to provide a uniform
set of rules and procedures applicable to all Boards and Commissions; and
WHEREAS, at a subsequent meeting(s) the City Council will be adopting additional ordinances
and resolutions which will address the make-up and areas of responsibility for each individual Board
and Commission.
NOW, THEREFORE, the City Council of the City of Carlsbad, California, ordains as follows:
1.The above recitations are true and correct.
2.That Carlsbad Municipal Code, Title 2, Chapter 2.08 is amended to repeal sections
2.08.080, 2.08.090, 2.08.092, 2.08.094, and 2.08.110 in their entirety.
3.That Chapter 2.15 is added to the Carlsbad Municipal Code to read as follows:
BOARDS & COMMISSIONS
2.15.010 Applicability of provisions.
2.15.020 General functions, powers, and duties.
2.15.030 Board and commission membership-Qualifications.
2.15.040 Local appointments List
EXHIBIT 2
Jan. 29, 2019 Item #8 Page 4 of 15
2.15.050 Appointments.
2.15.060 Term.
2.15.070 Vacancies, removal and attendance
2.15.080 Chair and vice chair.
2.15.090 Procedural rules and regulations.
2.15.100 Quorum.
2.15.110 Relationship with city departments and staff liaisons.
2.15.120 Members -Compensation.
2.15.010 Applicability of provisions.
The general provisions of this chapter apply to all boards and commissions, except as otherwise
specifically provided in the Charter or in the ordinance or resolution authorizing a specific board or
commission. In the event of an inconsistency between the general provisions contained in this
ordinance and the provisions contained in a specific enabling ordinance or resolution, the specific
ordinance or resolution shall control.
2.15.020 General functions, powers, and duties.
A.Each board or commission shall have the functions, powers, and duties as are granted to or
bestowed upon it by this chapter, by ordinance or by resolution of the City Council.
B.The City Council may, at any time, change the powers, functions and duties of any board or
commission in any manner and to any extent as the City Council deems necessary.
C.Each board or commission shall provide to the City Council for its approval an annual work plan
of activities to be undertaken and a subsequent report of its accomplishments. If any board or
commission seeks to amend its work plan prior to the annual approval date, then the board or
commission may vote to submit the amendment to the city council for approval and may also
request a joint meeting if the board or commission deems it necessary to discuss the proposed
amendments.
D.Each board or commission will provide periodic written reports to the City Council which should
include:
1.. Recent activities of the board or commission;
Jan. 29, 2019 Item #8 Page 5 of 15
2.Attendance at the board or commission's meetings;
3.Any ad hoc subcommittees which the board or commission has formed;
4.Any proposed amendments to the board or commission's work plan; and
5.Any matters which the board or commission wishes to bring to the attention of the City
Council or to have placed on a future City Council agenda.
E.Each board or commission may organize ad hoc subcommittees of a limited duration to advise
the board or commission concerning its functions and duties.
F.Each board or commission shall do such other things as may from time to time be requested or
approved by the City Council.
G.Each board or commission shall meet in accordance with its approved regular meeting schedule,
unless a meeting(s) is cancelled by the chair or the majority of the board or commission for a
lack of agenda items, and each board or commission shall be subject to the Ralph M. Brown Act,
Government Code Section 54950 et seq.
H.All board or commission meetings shall be held in the city council chambers unless another
public meeting room has been approved by the city clerk.
I.The city manager shall designate a city employee as a liaison for each board or commission.
2.15.030 Board and commission membership-Qualifications.
A.In addition to any qualifications or limitations imposed by law or contained in the authorizing
ordinance or resolution for any specific board or commission, members of the boards and
commission must meet the following minimum qualifications:
1.Resident of the City of Carlsbad and a registered voter.
2.Not currently an officer of or employed by the City of Carlsbad or under contract with the
City of Carlsbad.
3.Appointment would not violate any term limits applicable to the position sought.
B.The city council may consider, in its discretion, the following additional criteria in appointing
members to the boards and commission:
1.Prior participation in the Citizen's Academy.
2.Recent experience and/or understanding of municipal government.
3.Knowledge of subject matter governed by the board or commission.
Jan. 29, 2019 Item #8 Page 6 of 15
4.Ability to fairly and impartially represent community interests.
5.Experience on other boards, commissions or committees.
6.Geographical diversity of the membership of the board or commission.
2.15.040 Local appointments List
The city clerk shall compile and publish a local appointments list in accordance with Government
Code section 54970 et seq.
2.15.050 Appointments.
A.Appointments to the planning commission, parks and recreation commission, and traffic safety
commission, shall be made by the following process:
1.The mayor and each council member shall nominate one individual to serve on each of the
commissions for a term coinciding with the term of the councilmember making the
appointment. The mayor shall nominate two additional individuals to serve on the planning
commission, and two additional individuals to serve on the parks and recreation
commission. All nominations shall be subject to ratification by a majority vote of the city
council. If a nominee is not approved by a majority vote of the city council, the council
member making the nomination may nominate another individual at the same or a
subsequent meeting. In the event that a member of the city council does not make any
nomination within forty-five days of the date the councilmember is sworn into office or
within sixty days of the occurrence of a vacancy, the appointment will be made by the mayor
with the approval of the city council.
2.Although each member of the city council elected by a district shall use his or her best
efforts to appoint individuals residing in that district to these commissions, members of the
city council may appoint individuals not residing in their districts in their discretion in order
to assure that the most interested and qualified individuals serve on the commissions.
B.Appointments to all other city boards and commissions shall be made by the mayor with the
approval of the city council.
Jan. 29, 2019 Item #8 Page 7 of 15
2.15.060 Term.
A.Members of boards or commissions shall serve for a term of four years, unless otherwise
specified in this chapter. Such members shall be eligible for reappointment at the expiration of
their first term for one additional four-year term. City Council will specify the effective date of
the appointment.
B.Unless otherwise specified in this chapter, members who are appointed to serve unexpired
terms due to an unplanned vacancy shall serve to the end of the former incumbent's term.
C.Except as otherwise specified in this chapter, a member may be appointed to serve a term of
less than four years if the council determines that it is in the best interest of the board or
commission that a member serve a shorter term in order to provide for appropriate staggered
terms to preserve a continuity of membership on the board or commission.
D.Except as otherwise specified in this chapter, if a member has been appointed to serve a term
of less than two years, the member may be reappointed to serve on the same board or
commission for up to two consecutive additional terms.
2.15.070 Vacancies, removal and attendance
A.Members of the city's boards, commissions and committees shall serve until reappointed or
until the member's successor has been appointed, qualified and seated. If a vacancy occurs
other than by the expiration of a term, the vacancy shall be filled in the same manner as the
original appointment.
B.Appointees to all of the city's boards and commissions shall serve at the pleasure of the City
Council. Any member of a city board or commission may be removed at any time, with or
without cause, by the affirmative vote of three members of the City Council.
C.To assure participation of board and commission members, attendance by the members of the
boards and commissions at all regularly scheduled and special meetings of the boards and
commissions shall be recorded, and such record shall be provided annually to the City Council
for review. A board or commission member may be removed by the affirmative vote of three
members of the City Council due to the member's absence from three (3) consecutive regular
meetings or from twenty-five percent of the duly scheduled meetings of the board or
Jan. 29, 2019 Item #8 Page 8 of 15
commission within any fiscal year, except in the case of absences due to illness or by permission
of the board or commission as documented by the board or commission liaison.
2.15.080 Chair and vice chair.
A.Each board or commission shall appoint one of its members as chair to serve for a term of one
year.
B.The chair shall preside at all meetings of the board or commission.
C.Each board or commission may also appoint one of its members as a vice chair to serve in the
place and stead of the chair during the chair's absence.
D.The chair and vice chair shall be subject to removal at any time, for any or no reason, by a
majority vote of the board or commission.
2.15.090 Procedural rules and regulations.
All boards and commissions shall conduct their meetings pursuant to the rules contained in
Carlsbad Municipal Code Chapter 1.20 and any additional rules and regulations developed by the
city clerk working in conjunction with the board or commission.
2.15.100 Quorum.
Unless otherwise specifically provided in this chapter, a majority of the total number of members
of the board or commission shall be necessary to constitute a quorum for a board or commission
to take action.
2.15.110 Relationship with city departments and staff liaisons.
So far as is practicable, and subject to approval of the city manager, the services of the various city
departments shall be made available by the heads of each department to the board or commission,
to the extent it is necessary to enable it to perform its functions, powers, and duties.
Staff liaisons are generally responsible for accurate meeting notices and record keeping,
communicating between the board or commission and other city staff, assisting the committee in
executing the council approved work plan, gathering public input, assisting the board or
Jan. 29, 2019 Item #8 Page 9 of 15
commission in staying focused on noticed agenda items and maintaining a positive work
relationship with the board or commission.
The liaisons do not work "for" or "at the direction" of the board or commission. Instead, the liaisons
are professionals who work for the city manager and with the boards and commissions to develop
information and recommendations for the city council within the scope of an approved work plan.
2.15.120 Members -Compensation.
Unless specifically appropriated and approved by the city council, all members of the city's boards,
commissions and committees shall serve without compensation.
EFFECTIVE DATE: This ordinance shall be effective thirty days after its adoption; and the City
Clerk shall certify the adoption of this ordinance and cause the full text of the ordinance or a summary
of the ordinance prepared by the City Attorney to be published at least once in a newspaper of general
circulation in the City of Carlsbad within fifteen days after its adoption.
INTRODUCED AND FIRST READ at a Regular Meeting of the Carlsbad City Council on the 17TH
day of J.!!!y, 2018, and thereafter
PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of
Carlsbad on the 24th day of July, 2018, by the following vote, to wit:
AYES:
NOES:
ABSENT:
K. Blackburn, M. Schumacher, C. Schumacher, M. Packard.
M. Hall.
None.
APPROVED AS TO FORM AND LEGALITY:
4uf l ,-,;7. <.>N Im«
CELIA A. BREWER, City Attorney
Jan. 29, 2019 Item #8 Page 10 of 15
RESOLUTION NO. 2018-178
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
CALIFORNIA, ESTABLISHING A TRANSITION PLAN FOR THE APPOINTMENT
OF NEW MEMBERS TO THE PLANNING COMMISSION, PARKS AND
RECREATION COMMISSION AND TRAFFIC SAFETY COMMISSION
WHEREAS, on May 23, 2017 the City Council of the City of Carlsbad, California determined that
the Carlsbad Municipal Code requires revisions and amendments and that a comprehensive update to
the Carlsbad Municipal Code is necessary to improve clarity and consistency as well as to reflect current
legal and professional best practices; and
WHEREAS, on May 23, 2017 the City Council of the City of Carlsbad adopted Resolution 2017-
095 authorizing the Carlsbad Municipal Code update; and
WHEREAS, on July 24, 2018 the City Council adopted an ordinance adding Chapter 2.15 to the
Carlsbad Municipal Code which provides a uniform set of rules and procedures that apply to all city
boards and commissions; and
WHEREAS, section 2.15.050 establishes a new procedure for appointing members to the
Planning Commission, Parks and Recreation Commission and Traffic Safety Commission; and
WHEREAS, the City Council needs to establish a system for transitioning to the new
appointment process for members of the Planning Commission, Parks and Recreation Commission and
Traffic Safety Commission; and
WHEREAS, the City Council wishes to establish a transition plan which will allow for continuity,
a smooth transition for new members to commissions and help to retain institutional knowledge on
the commissions; and
WHEREAS, the City Council wishes to have all Planning Commission transition terms begin in
the month February so that new Commission members will be able to attend the League of California
Cities Planning Commissioners Academy shortly after being appointed.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California, as
follows:
1.That the above recitations are true and correct.
2.As the terms expire for members of the Planning Commission, Parks and Recreation
Commission and Traffic Safety Commission, the most recently elected district
councilperson or mayor will nominate a new member. The term of the newly
nominated member will be set to begin in February and expire at the time the
nominating councilperson's term expires. Each subsequent term for the commission
member will be set to coincide with the nominating councilperson's term.
EXHIBIT 3
Jan. 29, 2019 Item #8 Page 11 of 15
3.All current Planning Commission members' terms will be shortened by three months so that
the next term begins in the month of February.
4.The terms of two members of the Parks and Recreation Commission will also need to be
lengthened by four months.
5.The following charts illustrate the transition process described above:
PLANNING COMMISSION
Current Dist. Nominating Current First District Commissioner Term Terms New
Expires No. Councilperson Expiration Appointed Term
Marty April Jan 2019 Feb 2019-4 District 1 (shortened Montgomery 2019 by 3 months) Dec 2022
April Jan 2019 Feb 2019-Jeff Segal 3 District 3 (shortened 2019 by 3 months) Dec 2022
April Jan 2020 Feb 2020-Peter Merz* 4 Mayor (shortened 2020 by 3 months) Dec 2022
April Jan 2021 Feb 2021-Velyn Anderson 4 District 4 (shortened 2021 by 3 months) Dec 2024
April Jan 2021 Feb 2021-Linda Geidner* 2 District 2 (shortened 2021 by 3 months) Dec 2024
April Jan 2022 Feb 2022-Carolyn Luna* 2 Mayor (shortened 2022 by 3 months) Dec 2026
April Jan 2022 Feb 2022-Roy Meenes* 3 Mayor (shortened 2022 by 3 months) Dec 2026
PARKS & RECREATION
Commissioner Current District Nominating First District
Term Expires No. Councilperson Appointed Term
Jodi Rudick Stein Aug 2019 2 Mayor Sept 2019-
Dec 2022
Michael Luna * Aug 2019 1 District 1 Sept 2019-
Dec 2022
Brad Thorp* Aug 2019 3 District 3 Sept 2019-Dec 2022
Ron Withal! Aug 2020 1 Mayor Sept 2020-
Dec 2022
Aug 2020 Jan 2021-Jengi Martinez *extended to 2 District 2 Dec 2024 Dec 2020
Aug 2020 Jan 2021-Amy Livingston* extended to 3 District 4 Dec 2024 Dec 2020
Matt Simmons *Aug 2021 3 Mayor Sept 2021-
Dec 2022
Subsequent
Terms
Coincide with
District 1
Coincide with
District 3
Coincide with
Mayor
Coincide with
District 4
Coincide with
District 2
Coincide with
Mayor
Coincide with
Mayor
Subsequent
Terms
Coincide with
Mayor
Coincide with
District 1
Coincide with District 3
Coincide with
Mayor
Coincide with
District 2
Coincide with
District 4
Coincide with
Mayor
Jan. 29, 2019 Item #8 Page 12 of 15
TRAFFIC SAFETY
Current District Nominating First District Subsequent Commissioner Term
Expires No. Councilperson Appointed Term Terms
NEW POSITION N/A N/A District 1 Jan 2019-Coincide with
Dec 2022 District 1
NEW POSITION N/A N/A District 3 Jan 2019-Coincide with
Dec 2022 District 3
Monica Gocan * Jul2020 1 Mayor Aug 2020-Coincide with
Dec 2022 Mayor
Peter Penseyres * Jul2020 1 Mayor Aug 2020-Coincide with
Dec 2022 Mayor
Jonnie Johnson * Jul2020 2 Mayor Aug 2020-Coincide with
Dec 2022 Mayor
Chuck Hunter Jul2021 2 District 4 Aug 2021-Coincide with
Dec 2024 District 4
Bill Fowler* Jul2021 2 District 2 Aug 2021-Coincide with
Dec 2024 District 2
*Eligible for reappointment
PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of
Carlsbad on the 25th day of September, 2018, by the following vote, to wit:
AYES:
NOES:
ABSENT:
M. Hall, K. Blackburn, M. Schumacher, C. Schumacher, M. Packard.
None.
None.
MATT HALL, Mayor
(SEAL)
Jan. 29, 2019 Item #8 Page 13 of 15
ORDINANCE NO. CS-342
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
CALIFORNIA, AMENDING CHAPTER 2.15, SECTION 2.15.050 OF THE
CARLSBAD MUNICIPAL CODE TO ADD TWO MEMBERS TO THE TRAFFIC
SAFETY COMMISSION
WHEREAS, the Traffic Safety Commission currently has 5 members; and
WHEREAS, the City Council of the City of Carlsbad wishes to add two additional members to the
Traffic Safety Commission; and
NOW, THEREFORE, the City Council of the City of Carlsbad, California, does ordain that:
1.The above recitations are true and correct.
2.Section 2.15.050 of the Carlsbad Municipal Code is amended to read as follows:
2.15.050 Appointments.
A.Appointments to the planning commission, parks and recreation commission, and
traffic safety commission, shall be made by the following process:
1.The mayor and each councilmember shall nominate one individual to serve
on each of the commissions for a term coinciding with the term of the
councilmember making the appointment. The mayor shall nominate two
additional individuals to serve on each of the commissions. All nominations
shall be subject to ratification by a majority vote of the city council. If a
nominee is not approved by a majority vote of the city council, the council
member making the nomination may nominate another individual at the
same or a subsequent meeting. In the event that a member of the city
council does not make any nomination within forty-five days of the date the
councilmember is sworn into office or within sixty days of the occurrence of
a vacancy, the appointment will be made by the mayor with the approval of
the city council.
2.Although each member of the city council elected by a district shall use his
or her best efforts to appoint individuals residing in that district to these
commissions, members of the city council may appoint individuals not
residing in their districts in their discretion in order to assure that the most
interested and qualified individuals serve on the commissions.
B.Appointments to all other city boards and commissions shall be made by the
mayor with the approval of the city council.
EXHIBIT 4
Jan. 29, 2019 Item #8 Page 14 of 15
EFFECTIVE DATE: This ordinance shall be effective thirty days after its adoption; and the City
Clerk shall certify the adoption of this ordinance and cause the full text of the ordinance or a summary
of the ordinance prepared by the City Attorney to be published at least once in a newspaper of general
circulation in the City of Carlsbad within fifteen days after its adoption.
INTRODUCED AND FIRST READ at a Regular Meeting of the Carlsbad City Council on the 25th
day of September, 2018, and thereafter
PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of
Carlsbad on the 16th day of October, 2018, by the following vote, to wit:
AYES: M. Hall, K. Blackburn, M. Schumacher, C. Schumacher, M. Packard.
NOES: None.
ABSENT: None.
APPROVED AS TO FORM AND LEGALITY:
��CELIA A. BREWER, City Attorney
(SEAL)
Jan. 29, 2019 Item #8 Page 15 of 15