RPVCCA_CC_SR_2013_11_06_02_Intro_Ord_PC_Term_LimitsCITY OF
MEMORANDUM
TO:
FROM:
DATE:
SUBJECT:
REVIEWED:
HONORABLE MAYOR AND CITY COUNCIL MEMBERS
CARLA MORREALE, CITY CLERK <f12;
NOVEMBER 6, 2013
INTRODUCTION OF ORDINANCE-CODE AMENDMENT
REGARDING THE TERM OF OFFICE AND TERM LIMITS
FOR PLANNING COMMISSIONERS
CAROLYN LEHR, CITY MANAGER ~
RECOMMENDATION
1) Modify the term of office for the Planning Commissioners from two years to four years;
2) Add a term limit on the number of consecutive terms of office that a person may
serve as a member of the Planning Commission; and, 3) INTRODUCE ORDINANCE
NO. , AN ORDINANCE OF THE CITY OF RANCHO PALOS VERDES, AMENDING
SECTION 2.20.020 OF THE RANCHO PALOS VERDES MUNICIPAL CODE
REGARDING THE TERM OF OFFICE OF PLANNING COMMISSIONERS AND
ADDING SECTION 2.20.080 TO THE RANCHO PALOS VERDES MUNICIPAL CODE
IMPOSING A LIMIT ON THE NUMBER OF CONSECUTIVE TERMS (NO LIFETIME
BAN) THAT A PERSON MAY SERVE AS A PLANNING COMMISSIONER.
BACKGROUND
On December 2, 1975, the City Council adopted Ordinance No. 80 creating the Planning
Commission (consisting of five members), establishing a two year term of office, and
establishing the parameters of that advisory body under the provisions of State Planning
and Zoning Law. On March 1, 1983, the City Council adopted Ordinance No. 165
amending the Municipal Code to state that the Planning Commission, consisting of five
members who are appointed by the City Council, shall serve at the pleasure of the City
Council; amending the term of office for each commissioner to four years; and
determining the expiration of terms to be on the first Council meeting in December of odd
years, or until a successor is appointed. On January 7, 1992, the City Council adopted
Ordinance No. 278 amending the Municipal Code, to increase the membership of the
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Code Amendment -Term of Office and Term Limits for Planning Commissioners
Page 2
November 6, 2013
Planning Commission from five to seven members; to establish the term of office for
each commissioner at two years, with the term of office to expire on the date of the first
regular City Council meeting in December of odd years, or until a successor is appointed;
and, to establish the regular meeting dates of the Planning Commission.
On February 4, 1992, the City Council adopted City Council Policy No. 6 (City Advisory
Board Recruitment and Selection) establishing the process for recruitment to the City's
Advisory Boards, with terms of office at two years in length. On January 31, 2002, City
Council Policy No. 6 was amended to state that the terms of service on City Advisory
Boards would be for the period of four years for each new appointee.
In late 2003, recruitment for open positions on the Planning Commission for
appointments in 2004 was staggered in accordance with the policy. From 2005 to the
present, recruitments for open positions on the Planning Commission have been filled
with the term of office designated at four years in length.
During the most recent recruitment for Planning Commissioners (in 2012) staff noted the
discrepancy between City Council Policy No. 6 and the Municipal Code. Accordingly,
staff suggests that the Municipal Code be modified so that both the Municipal Code and
City Council Policy No. 6 are in compliance, and to reflect the actual practice regarding
the length of terms of office for the Planning Commissioners to be four years.
DISCUSSION
Pursuant to City Council Policy No. 6, immediately following the regular election of
Council Members, the City Clerk is directed to begin advertising for openings on any of
the City's Advisory Boards. In November 2013, the Clerk's office will be recruiting for
openings which will occur early in 2014 on both the Planning Commission and the Storm
Drain Fee Oversight Committee. Since this process is about to be conducted again,
Staff recommends that the Code be amended to reflect the four year term of office that
has been in place since 2003.
On October 15, 2013, Council discussed modifying the term of office for the Planning
Commissioners from two years to four years. The Council decided to amend the
Municipal Code to designate the term of office for Planning Commissioners to be four
years in length, with the term of office to expire on the date of the first regular City
Council meeting in December of odd years, or until a successor is appointed.
Additionally, the Council decided to impose a limit of two terms on the number of
consecutive terms that a person may serve as a member of the Planning Commission.
Pursuant to direction from the City Council, the new limit on the number of terms that a
person can serve on the Planning Commission applies prospectively only to those terms
of office that commence after the adoption of this ordinance by the City Council.
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Code Amendment-Term of Office and Term Limits for Planning Commissioners
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November 6, 2013
CONCLUSION
Staff has drafted an ordinance for Council's consideration addressing the term of office
and term limits for Planning Commissioners. If Council is in agreement with the
ordinance, it will be introduced this evening and brought back at a subsequent meeting
for adoption.
ATTACHMENTS
Ordinance No._-Regarding the Term of Office and Term Limits for Planning
Commissioners
City Couricil Policy No. 6 -City Advisory Board Recruitment and Selection
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ORDINANCE NO.
AN ORDINANCE OF THE CITY OF RANCHO PALOS VERDES
AMENDING SECTION 2.20.020 OF THE RANCHO PALOS VERDES
MUNICIPAL CODE REGARDING THE TERM OF OFFICE OF
PLANNING COMMISSIONERS AND ADDING SECTION 2.20.080
TO THE RANCHO PALOS VERDES MUNICIPAL CODE IMPOSING
A LIMIT ON THE NUMBER OF CONSECUTIVE TERMS (NO
LIFETIME BAN) THAT A PERSON MAY SERVE AS A PLANNING
COMMISSIONER.
WHEREAS, on December 2, 1975, Ordinance No. 80 was adopted by the City
Council, adding Part A to Chapter 7 of Article II of the Rancho Palos Verdes Municipal
Code, creating the Planning Commission consisting of five members, establishing a two
year term of office, and establishing the parameters of that advisory body under the
provisions of State Planning and Zoning Law; and,
WHEREAS, on March 1, 1983, Ordinance No. 165 was adopted by the City
Council, amending Sections 2.20.020 and 2.20.060 of the Rancho Palos Verdes
Municipal Code, to state that the Planning Commission, consisting of five members who
are appointed by the City Council, shall serve at the pleasure of the City Council; and
amending the term of office for each commissioner to four years, and determining the
expiration of terms to be on the first Council meeting in December of odd years, or until
a successor is appointed; and,
WHEREAS, on January 7, 1992, Ordinance No. 278 was adopted by the City
Council, amending Sections 2.20.020 and 2.20.040 of the Rancho Palos Verdes
Municipal Code, to increase the membership of the Planning Commission from five to
seven members; to establish the term of office for each commissioner at two years, with
the term of office to expire on the date of the first regular City Council meeting in
December of odd years, or until a successor is appointed; and, to establish the regular
meetings of the Planning Commission to be held at the hour of seven o'clock p.m. on
the second and fourth Tuesdays of each month, unless the regular meeting date falls on
a holiday, in which case the meeting shall be held on the next succeeding day which is
not a holiday;
WHEREAS, the City Council wishes to change the term of office of the Planning
Commissioners back to a four year term of office;
WHEREAS, the City Council wishes to impose a limit on the number of
consecutive terms of office (no lifetime ban) that a person may serve as a member of
the Planning Commission;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO PALOS
VERDES ORDAINS AS FOLLOWS:
Ordinance No.
Page 1 of 3
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SECTION 1: Section 2.20.020 of Chapter 2.20 of Title 2 of the Rancho Palos
Verdes Municipal Code is hereby amended to read as follows:
2.20.020 Members. The term of office for each commissioner is four years. The
terms of office shall expire on the date of the first regular city council meeting in
December of odd years, or until a successor is appointed.
SECTION 2: Chapter 2.20 of Title 2 of the Rancho Palos Verdes Municipal Code is
hereby amended by adding Section 2.20.080, to read as follows:
2.20.080.
a.
b.
c.
d.
Term Limits.
No person shall serve more than two (2) consecutive terms of office
as a member of the Planning Commission.
For the purpose of this Section, a "term" shall mean any period of
service on the Planning Commission that exceeds two years, and
"consecutive" shall mean immediately following, without an
intervening hiatus in service.
Any person who has served two (2) consecutive terms as a
Member of the Planning Commission shall not be eligible to serve
again until the expiration of at least six months after the end of that
person's last term of office.
The term limits imposed by this Section shall apply prospectively
only to those terms of office that commence after the adoption of
this ordinance by the City Council.
PASSED, APPROVED, AND ADOPTED this 19th day of November, 2013.
Mayor
Attest:
City Clerk
State of California )
County of Los Angeles ) ss
City of Rancho Palos Verdes )
I, Carla Morreale, City Clerk of the City of Rancho Palos Verdes, hereby certify that the
whole number of members of the City Council of said City is five; that the foregoing
Ordinance No._ passed first reading on November 6, 2013, was duly and regularly
Ordinance No.
Page 2 of 3
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adopted by the City Council of said City at a regular meeting thereof held on November
19, 2013, and that the same was passed and adopted by the following roll call vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
City Clerk
Ordinance No.
Page 3 of 3
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CITY COUNCIL POLICY
NUMBER: 6
DATE ADOPTED/AMENDED: 02/04/92 (amended 01/31/02 and 09/16/03)
SUBJECT: City Advisory Board Recruitment and Selection
POLICY:
It shall be the policy of the City Council to fill vacancies on City-appointed Boards
as follows:
Service Criteria
1. Terms of service on City Boards will be four years for each new appointee.
Initially, half (plus one) of the terms will be four years and half (less one) of
the terms will be two years.
2. Appointments will be made to Boards in even numbered years on a schedule
to be established by the City Council and following as soon as possible the
seating of a new Council.
3. Terms will be staggered to maintain continuity.
4. Following the appointment of Board members, those appointees indicating an
interest in being considered for chair, will be interviewed separately by the
City Council specifically for the purpose of selection of the chair.
5. Terms of service for the Chair will normally be one year. Appointments/re-
appointments will be made annually on a schedule to be established by the
City Council.
6. In the event a Board meets before a Chair is appointed/reappointed, the
Mayor may appoint an interim Chair. If the former Chair is reappointed to the
Board, he/she may act as Interim Chair. If the Chair is not reappointed to the
Board then the Vice Chair may act as Interim Chair.
7. The Vice Chair of each Board will be elected by the Board members.
Recruitment Process
1. Immediately following the regular election of City Council members the City
Clerk shall advertise that applications shall be open for the positions that shall
be filled following the seating of a new City Council. Applications shall be
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accepted from the date following the election until mid-December of that year,
or such other date, as the City Council shall direct. The newly-seated City
Council shall determine the interview schedule.
2. The vacancy shall be advertised in the Palos Verdes Peninsula News, Daily
Breeze and LA Times newspapers. Advertising may take the form of a press
release. Additionally, the vacancy shall be posted at the City's regular
posting places and be placed on the Government Access Reader Board. The
City Clerk shall include a summary of duties in the recruitment flyer, press
release and any other recruitment material. A deadline for receipt of
applications will be established by the City Council.
3. Interested applicants, including incumbents seeking reappointment, will be
required to fill out applications.
4. Applications will be reviewed by the City Council. Each applicant shall be
interviewed by the City Council and appointments made at a public meeting.
Interview Process
1. Interviews of applicants for Boards will be conducted by the City Council in
small groups on a schedule to be established by the Council.
2. The City Clerk will notify applicants of their interview times and advise them of
their status during the selection process.
3. The City Clerk will advise successful applicants of the opportunity to be
interviewed for Chair if they so desire. The City Clerk will notify applicants for
Chair of their interview times and advise them of their status in the selection
process.
4. The City Clerk will provide new Board members a copy of the Commission
and Committee Handbook and Statement of Economic Interest forms if
applicable to their Board appointment.
5. The City Attorney will brief new Board members of their responsibilities under
the Brown Act and Conflict of Interest Laws and other legal obligations
mandated by their appointment.
BACKGROUND:
On December 4, 2001, January 12, 2002, January 31, 2002, and September 16,
2003 the City Council considered the process for recruitment and selection of
City Commission and Committee members. After discussing various
alternatives, the Council agreed on September 16, 2003 to the procedure
contained in this policy in order to encourage residents to apply for and serve on
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City Boards, to create a procedure that allows the City Council to become familiar
with the applicant's qualifications, and to maintain continuity on the various
Boards by staggering the terms of service.
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