The term limit is designed to provide for broader membership and fresh insights on commissions.

Similar documents
Office of the City Manager CONSENT CALENDAR June 9, 2015

Honorable Mayor and Members of the City Council. Submitted by: Eric Angstadt, Director, Planning and Development

Honorable Mayor and Members of the City Council

Honorable Mayor and Members of the City Council. Wendy Cosin, Interim Director, Planning and Development Department

Page 1 of 12. Office of the City Manager CONSENT CALENDAR September 20, 2016

Honorable Mayor and Members of the City Council. Emergency Standby Officers for the Mayor and Councilmembers

Submitted by: Eric Angstadt, Director, Planning and Development Department

Emergency Standby Officers for the Mayor and Councilmembers

Submitted by: Timothy Burroughs, Interim Director, Planning & Development Department

City Attorney Analyses for the November 2014 Ballot

ORDINANCE NO

COMMISSIONERS' MANUAL 2018 edition

Subject: Implementation of Fair and Impartial Policing Policy, General Order B-4

Honorable Mayor and Members of the City Council. Analysis of United Student District Amendment Redistricting Plan

Honorable Mayor and Members of the City Council

WHEREAS, the Council of the City desires to establish the Administrative Oversight Committee and the Citizens Oversight Committee at this time.

City of Berkeley Election Costs by Year

SAN JOSE CAPITAL OF SILICON VALLEY

BYLAWS OF THE PUBLIC ART COMMISSION OF THE CITY OF GOLDEN, COLORADO ARTICLE I. INTRODUCTION

CITY OF LAWRENCE, KANSAS SISTER CITIES ADVISORY BOARD BYLAWS

ORDINANCE NO. 7,425 N.S.

Honorable Mayor and Members of the City Council. Second Response Ordinance Enforcement; Data and Legal Analysis

A. Definitions. For purposes of this article, the following terms have the meanings set forth below:

CITY COUNCIL AGENDA REPORT

ORDINANCE NO. 7,437-N.S. ADDING A NEW CHAPTER 9.92 TO THE BERKELEY MUNICIPAL CODE REGULATING OFF-STREET PARKING LOTS

John Harpootlian Thursday, June 09, :38 AM Deborah Padovan Fw: Joint Los Altos/Los Altos Hills Senior Commission

CITY OF BERKELEY CITY CLERK DEPARTMENT

BERKELEY PUBLIC LIBRARY BOARD OF LIBRARY TRUSTEES

ADMINISTRATION Article 2. Elected Officials 1-203

AGENDA MEETING OF THE COUNCIL OF THE CITY OF NORWICH January 2, :30 PM

ORDINANCE NO Findings. The City Council hereby finds and declares the following:

ORDINANCE NO. 7,592 N.S. ADDING CHAPTER 2.99 TO THE BERKELEY MUNICIPAL CODE, ACQUISITION AND USE OF SURVEILLANCE TECHNOLOGY

Item 08D 1 of 6

CHAPTER 32: CITY COUNCIL. General Provisions

CHARTER OF THE CITY OF BILLINGS

A D J U S T M E N5 pages T S B O A R D N o t i c e o f P u b l i c H e a r i n g 2701 Shattuck Avenue

CONSOLIDATION OF A BYLAW OF THE CITY OF MEDICINE HAT to establish a subdivision and development appeal board.

CARMEN A. TRUTANICH City Attorney

Page 1 of 40. Kate Harrison Councilmember District 4 ACTION CALENDAR May 15July 10, 2018

A. enacts and amends land use ordinances, temporary land use regulations, zoning districts and a zoning map;

WENDY COSIN, Director of Planning and Development VIVIAN KAHN, Acting Deputy Director of Planning and Development

Great River Regional Library 1300 W. St. Germain St. Cloud, Minnesota Tel Fax

CITY OF TANGENT CHARTER 1982 REVISED 1992

COUNCIL ACTION FORM SUBJECT: REMOVAL OF HUMAN RELATIONS COMMISSION INVESTIGATION FUNCTION

NEWTOWN CHARTER Revision Commission 2012 changes for 2015 Draft Report. Commented [DZ1]: Preamble as written. Commented [DZ2]: 1-01(a) as written

LAND DEVELOPMENT CODE

The Berkeley City Council Rules of Procedure and Order

ORDINANCE. ( SKNOCJC ) to revise the membership composition of the SKNOCJC, to provide relative to

Citizens Guide to Proposed 2011 Lakewood Charter Changes

CITY OF SIMI VALLEY MEMORANDUM

Village of Three Oaks Planning Commission BYLAWS

CITY OF COLD LAKE BYLAW #578-BD-16 COLD LAKE ECONOMIC DEVEOPMENT ADVISORY COMMITTEE BYLAW

City Council Report 915 I Street, 1 st Floor Sacramento, CA

Office of the City Manager CONSENT CALENDAR January 22, 2013

CHAPTER Committee Substitute for House Bill No. 259

2017 Bill 34. Third Session, 29th Legislature, 66 Elizabeth II THE LEGISLATIVE ASSEMBLY OF ALBERTA BILL 34 MISCELLANEOUS STATUTES AMENDMENT ACT, 2017

Texas Municipal Retirement System. Charter for Advisory Committee on Benefit Design. (Effective as of January 1, 2018)

CHAPTER 6 CANDIDATES FOR OFFICE

ORDINANCE AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LONG BEACH AMENDING THE LONG BEACH MUNICIPAL CODE BY ADDING CHAPTER 2.50

The Municipal Board Act

City of Sanford/Village of Springvale Charter

CITY OF EL PASO DE ROBLES

ORDINANCE NO. WHEREAS, Article XI of the Charter requires the City Commission to place the charter review committee s proposals on the ballot; and

CHARTER MADISON, CONNECTICUT

TITLE 24 GOVERNMENT STATE. ARTICLE 90 Libraries PART 1 LIBRARY LAW

Notice of Motion Downtown Business Improvement Areas Regulations

BERKELEY CITY COUNCIL AGENDA COMMITTEE REGULAR MEETING AGENDA

CITY OF COLD LAKE BYLAW #509-BD-14

ORDINANCE NO

CHARTER OF THE COUNTY OF FRESNO

CHARTER [1] Footnotes: --- (1) --- Section 1 - HOME RULE CHARTER. Page 1

The Berkeley City Council Rules of Procedure and Order

TOWN OF JACKSON TOWN COUNCIL AGENDA DOCUMENTATION

CITY OF DEEPHAVEN CODE OF ORDINANCES CHAPTER 2 TABLE OF CONTENTS

KENYA GAZETTE SUPPLEMENT

City of Toronto Public Appointments Policy

POLK COUNTY CHARTER AS AMENDED November 4, 2008

CITY COUNTY ZIP CODE ADDRESS CITY STATE ZIP CODE

Polk County Charter. As Amended. November 6, 2018

National League of Cities National Black Caucus of Local Elected Officials CONSTITUENCY GROUP BYLAWS

WHEREAS, the City Council has created such boards and committees; and

Advocate for Children and Young People

HOUSE BILL By McCormick BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE:

MISSAUKEE COUNTY PLANNING COMMISSION ORDINANCE

BY-LAWS OF THE AFFORDABLE HOUSING ADVISORY COMMITTEE CITY OF TALLAHASSEE

CAMPAIGN FINANCE ORDINANCE TABLE OF CONTENTS. Description. ARTICLE 9.7 CAMPAIGN FINANCING (Operational 7/1/91)

RE: ORDINANCE NO COMPREHENSIVE PLAN TEXT AMENDMENT CPT TRANSPORTATION ELEMENT

NC General Statutes - Chapter 126 Article 1 1

Commission Memorandum

What changed? Charter Ordinance No. 5 (Original from 1978) Charter Ordinance No. 5 (Amended)

JOURNAL OF THE COUNCIL OF THE CITY OF NORWICH NOVEMBER 6, 2017

Civic Betterment Party. Village of Glen Ellyn. Statement of Principles and Procedures For Nominating Candidates for Elective Office ("Bylaws")

CHARTER. of the CITY OF PENDLETON

AGENDA COMMISSION ON THE STATUS OF WOMEN REGULAR MEETING May 14, 2018

TOWN OF OCEAN RIDGE, FLORIDA INFRASTRUCTURE SURTAX CITIZEN OVERSIGHT COMMITTEE MEETING AGENDA MAY 8, :30 A.M. TOWN HALL * MEETING CHAMBERS

Jesse Arreguín Councilmember, District 4 CONSENT CALENDAR June 26, 2012

City of Attleboro, Massachusetts

TITLE III: ADMINISTRATION 30. TOWN GOVERNMENT 31. TOWN OFFICIALS 32. TOWN POLICIES 33. DEPARTMENTS AND BOARDS 35. FINANCE AND PURCHASING

TOWN OF BRUNSWICK TOWN COUNCIL

ORDINANCE NO. WHEREAS, the City Council ordered to call an election for City Councilmembers to be held on May 7, 2016, pursuant to Texas law; and,

Transcription:

Berkeley City Council CONSENT CALENDAR May 7, 2013 To: From: Subject: Honorable Mayor and Members of the City Council Councilmembers Laurie Capitelli and Susan Wengraf Commission Term Limits RECOMMENDATION Refer to the City Manager an amendment to BMC 3.02.040 that imposes an eightcumulative-year (in any ten year period) term limit for all commissioners now subject to an eight-year consecutive term limit and whose service commenced on or after December 1, 2004. FINANCIAL IMPLICATIONS Costs related to the additional administrative burden on the City Clerk s Office of tracking the cumulative number of years a commissioner has served (as opposed to consecutive years under current law). BACKGROUND Currently most commissioners are subject to a term limit of eight consecutive years. This has often been evaded by tendering a resignation shortly before a term expires, then accepting a new eight-year appointment after a brief absence from the commission. At their meeting of March 13, 2007, the City Council approved the first reading of proposed amendments to BMC Section 3.02.40: 1. To repeal term limits for all commissioners except for those who serve on the four which exercise quasi-judicial powers: the Housing Advisory Commission HAC ), the Landmarks Preservation Commission ( LPC ) Planning Commission ( PC ) and the Zoning Adjustments Board ( ZAB ); 2. Limit service on designated commissions to eight cumulative years, requiring a two year break before reappointment to the same commission; 3. Limit membership on designated commissions to one commission. (On March 20, 2007 the first reading was rescinded and the item was referred to the Agenda Committee.) The term limit is designed to provide for broader membership and fresh insights on commissions. We suggest that the provision should apply to commissioners now subject to an eightyear consecutive term limit and whose service commenced on or after December 1, 2004. 2180 Milvia Street, Berkeley, CA 9470

Commission Term Limits CONSENT CALENDAR May 7, 2013 CONTACT PERSON Councilmember Laurie Capitelli, District 5 981-7150 Councilmember Susan Wengraf, District 6 981-7160 ATTACHMENTS: 1: Action Calendar Item #22, March 13, 2007. Limits on Terms, Membership Designated Commissions. http://www.ci.berkeley.ca.us/citycouncil/2007citycouncil/packet/031307/2007-03- 13%20Item%2022%20Limits%20on%20Terms%20Membership%20Designated%20 Commissions.pdf

Office of the City Attorney ACTION CALENDAR March 13, 2007 To: From: Honorable Mayor and Members of the City Council Phil Kamlarz, City Manager Submitted by: Manuela Albuquerque, City Attorney Subject: Limits on Terms, Membership Designated Commissions RECOMMENDATION Adopt first reading of an Ordinance that: 1) imposes a eight, cumulative year term limit for four designated commissions; 2) repeals term limits on any other commission; and 3) limits designated commission membership to that commission, alone. FISCAL IMPACTS OF RECOMMENDATION There will be administrative costs associated with tracking eligibility for the designated four commissions which will be absorbed within the City Clerk s budget. These tasks are already being performed for all commissions under current law. Repealing the term limit for all commissions will result in lessening some administrative burdens. However the proposed ordinance will impose the additional administrative burden on the City Clerk s Office of tracking the cumulative number of years a commissioner has served (as opposed to consecutive years under current law) and enforcing the limit on membership to a single designated commission. CURRENT SITUATION AND ITS EFFECTS Under current law, an eight consecutive year limit has been in effect for the majority of boards and commissions. It is often evaded in practice by the tendering of a resignation shortly before the end of the eight-year term. There is currently no limit on the number of commissions on which an individual may serve. The enabling ordinance for the Youth Commission (BMC 3.42.030) limits terms of office to four consecutive years. This provision will not be affected by the proposed ordinance. BACKGROUND This year, the City Council directed the City Attorney to prepare an ordinance that would repeal the term limit for all but four designated commissions, which exercise quasi-judicial powers: the Housing Advisory Commission HAC ), the Landmarks Preservation Commission ( LPC ) Planning Commission ( PC ) and Zoning Adjustments Board ( ZAB ). The Council directed that the ordinance become effective July 1, 2007 so as to give advance notice to any HAC, LPC, PC or ZAB sitting commissioners who might be removed as a result of the term limit. The 2180 Milvia Street, Berkeley, CA 94704 Tel: (510) 981-7000 TDD: (510) 981-6903 Fax: (510) 981-7099 E-Mail: manager@ci.berkeley.ca.us Website: http://www.ci.berkeley.ca.us/manager

Limits on Terms, Membership on Designated Commissions ACTION CALENDAR March 13, 2007 Council also directed that the ordinance provide that a person serving on the designated commissions would be precluded from serving on any other commission. The attached ordinance implements the Council s direction. RATIONALE FOR RECOMMENDATION The term limit is designed to provide for broader membership and fresh insights on key commissions exercising quasi-judicial powers. The one designated commission limit is designed to diversify community participation on the four commission and to increase the range of persons providing their insights, expertise and life experience in making decisions on important quasijudicial decision-making commissions. ALTERNATIVE ACTIONS CONSIDERED None, in light of the City Council s direction to the City Attorney. CONTACT PERSON Manuela Albuquerque, City Attorney, 981-6950 Attachments: 1: Ordinance Page 2

ORDINANCE NO. N.S. AMENDING THE TITLE OF BERKELEY MUNICIPAL CODE (BMC) CHAPTER 3.02; AND AMENDING BMC SECTION 3.02.040 TO LIMIT TERMS ON DESIGNATED COMMISSIONS BE IT ORDAINED by the Council of the City of Berkeley as follows: Section 1. That the title of Berkeley Municipal Code Chapter 3.02 is amended as follows: Chapter 3.02 MISCELLANEOUS RULES RELATING TO COMMISSIONS AUTOMATIC TERMINATION OF APPOINTMENTS Section 2. follows: That Berkeley Municipal Code Section 3.02.040 is amended to read as Section 3.02.040 Limiting the number of years terms commissioners on designated commissions may serve and precluding membership on any additional commission for members serving on designated commissions. consecutively. A. Commissioners on the Housing Advisory Commission, Landmarks Preservation Commission, Planning Commission and Zoning Adjustments Board (hereafter Designated Commissions ) shall serve not more than eight consecutive cumulative years on such a commission, commencing with service occurring on or after December 1, 1995. Interruption of service shall be counted for purposes of calculating whether the commissioner has exceeded the limit imposed by this section, notwithstanding interruption of service including: due to the following: A.1. Absence from the commission due to termination pursuant to Berkeley Municipal Code Section 3.02.020; B.2. Absence from the commission due to any leave(s) of absence pursuant to Berkeley Municipal Code Section 3.02.030; C. 3. Absence from the commission due to termination pursuant to the provisions of the Conflict of Interest Code, for failure to file the required Statement of Economic Interests, and subsequent reappointment. Temporary appointment to a Designated Commission to fill a temporary vacancy caused by a commissioner who is on a leave of absence from the Designated Commission shall not be included for purposes of calculating the eight cumulative years limit imposed by this section. Termination of appointment pursuant to this section A above shall be eight cumulative years starting from the date of the initial appointment. A commissioner who has served eight years on a Designated Commission may be reappointed to such commission after a two-year break in service. Commissioners cannot be reappointed to their respective boards or commissions until a two-year break in service has occurred. Notwithstanding the above, if the term of a member of the Mental Health Commission would terminate prior to expiration of the term the member was appointed to, this section shall not require that such member be terminated prior to the member serving the full term to which the member was appointed.

B. No commissioner who serves on any other board or commission, including the Rent Stabilization Board, Board of Library Trustees, School Board or Berkeley Housing Authority Board shall be eligible for service on a Designated Commission and may be terminated from such Designated Commission on the effective date of this ordinance. In addition, any member of any City board or commission, who serves on any Designated Commission shall be ineligible to serve on any other commission appointed by the City Council unless s/he first resigns from the Designated Commission, except where the Designated Commission is itself represented on another body, and the Commissioner is serving on that body as a representative of that Designated Commission. This provision shall become effective July 1, 2007 December 1, 1990, and shall apply to commissioners serving as of that date and to all appointments made on or after that date. (Ord. 6624-NS 1, 2001: Ord. 6201-NS 1, 1993: Ord. 6009-NS 1, 1990) Section 3. Copies of this Ordinance shall be posted for two days prior to adoption in the display case located near the walkway in front of Old City Hall, 2134 Martin Luther King Jr. Way. Within 15 days of adoption, copies of this Ordinance shall be filed at each branch of the Berkeley Public Library and the title shall be published in a newspaper of general circulation.