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HomeMy WebLinkAboutAGENDA REPORT 1987 0318 CC REG ITEM 11M.. THOMAS C. FERGUSON Mayor CLINT HARPER , Ph.D. Mayor Pro Tern ELOISE BROWN Council member JOHN GALLOWAY Councilmember BERNARDO PEREZ Councilmember MAUREEN W. WAL L City Clerk TO: FROM: DATE: MOORPARK M E M O R The Honorable City Council Steven Kueny, City Manager March 18, 1987 A N D u M ;2c)1/',) ITEM /1,½L STEVEN KUENY City Manager CHERYLJ .KANE City Attorney PATRICK RICHARDS, A.I.C .P. Director of Community Development R. DENNIS DELZEIT City Engineer JOHN V. GILLESPIE Chief of Police THOMAS P. GE NOV ESE City Treasurer MOORPARK, CALIFORNIA City Council Meeting of __ 3 -~5 198 ACTION , SUBJECT: Revision of Ordinance 33, An Ordinance Relating to Commissions At the Joint Meeting of the City Council and the Parks and Recreation Commission held on January 26, 1987, an inconsistency in the Ordinance creating the Parks and Recrea- tion and the Planning Commissions was discovered. The City Attorney has ruled that Section 2.06.130(c) is superceded by Section 2 .06.140 concerning removal of respective members from office. Currently, the only means of removing members from office is by a majority vote of the Council , or the individual member's absence from three consec - utive meetings without the formal consent of the Commission. At the March 4 , 1987 meeting, staff was directed to place Ordinance 33 on the agenda to consider not only the change necessitated by the above action , but also to consider items needed for clarification such as making the ordinance consistent with the recent amendments to the Brown Act. In addition, there was concern expressed that a person elected to the Council at a Special Election or appointed to fill an une xpired term should possibly have a nomination to the Commissions. The alternative available to allow a person appointed or e·l ected to the Council other than at a regular election to nominate a person to the Commission(s) are as follows: 1. Depending upon when the vacancy occurs, the City Council may take no action and lea ve it vacant until the ne xt regular election, or conduct a Special Election . a. Continue with the present practice and leave the affected Commissioners in office until the next reorgani zat ion in November of even-numbered years , unless sooner removed pursuant to applicable removal procedures . b. Leave affected Commissioners in office until the Special Election results are certified and the Council confirms appointments based upon nomination s of the newly elected Councilmember , 799 Moorpark Avenue Moorpark, California 93021 (805) 529-6864 The Honorable City Council , March 18, 1987 Page Two c. Affected Commissioners would leave office effective with the Councilmember leaving office and there would be a vacancy on the Commission until the Special Election results are certified and the Council confirms appointments based upon nominations of the newly elected Councilmember. 2. If an interim appointment is made pending a Special Election, the alternatives are: a. Continue with the present practice and leave the affected Commissioners in office until the next reorganization in November of even-numered years, unless sooner removed pursuant to applicable removal procedures. b. Affected Commissioners would leave office upon the Councilmember leaving office, and the interim Councilmember will be allowed to make nominations for those positions on the Commissions subject to confirmation by Council majority; they would only serve until the Special Election results were certified, and the newly elected Councilmember makes a nomination for confirmation by the City Council, c. Affected Commissioners would remain in office until the Special Election results are certified and the person elected makes nominations which are confirmed by the City Council; the interim Councilmember would make no nominations for appointments. 3. In the event the City Council makes an appointment to fill the unexpired term, the options are: a. Continue with the present practice and leave the affected Commmissioners in office until the next reorganization in November of even-numbered years, unless sooner removed pursuant to applicable removal procedures. b. The affected Commissioners would leave office at the time the Councilmember left office, and the appointed Councilmember could make nominations to the Commissions with confirmation by the City Council. 4. Allow individual Councilmembers to make appointments without confirmation by the full Council, with or without the ability of the majority of the Council to remove individual members from office. When the Council originally enacted Ordinance 33, the terms of office were set at two years to provide a continuity of service and to allow consideration of appointments at the time the City Council is reorganized. It was also expressed that it was the Council as a whole who was making the appointment since individual Councilmembers generally do not take actions apart from the full Council. Another concern is whether or not any changes to the Ordinance would affect members currently serving on the Commissions depending upon what option is selected by the Council. RECOMMENDED ACTION: Review Ordinance 33 and the above alternatives concerning City Council vacancies, and its impact upon Commission appointments, and direct staff to return with a draft ordinance.