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Home My WebLink About12 - OB-1 - First Reading of Ordinance Changing Appo - 1/19/20211 CITY COUNCIL AGENDA REPORT MEETING DATE: January 19, 2021 ITEM NUMBER: OB-1 SUBJECT: FIRST READING OF ORDINANCE CHANGING APPOINTMENT PROCESS FOR MEMBERS OF THE PARKS, ARTS AND COMMUNITY SERVICES COMMISSION DATE: January 8, 2021 FROM: CITY MANAGER’S OFFICE PRESENTATION BY: BRENDA GREEN, CITY CLERK FOR FURTHER INFORMATION CONTACT: Brenda Green, City Clerk (714) 754-5221 RECOMMENDATION: Staff recommends that the City Council: 1. Introduce for first reading, by title only, Ordinance No. 2021-xx of the City Council of the City of Costa Mesa, California, amending Chapter III (Parks, Arts and Community Services Commission) of Title 12 (Parks and Recreation) of the Costa Mesa Municipal Code (Attachment 1). 2. Consider changing the terms of the Parks, Arts and Community Services commissioners whose terms are currently set to expire in 2023 to end upon appointment of new commissioners by City Council. 3. Direct the City Clerk to post the special vacancy notices pursuant to GC §54974(a), and to proceed with an extended recruitment to reflect district appointments and the Mayors at large appointment. BACKGROUND: At the City Council meeting on December 15, 2020 the City Council directed staff to prepare an ordinance for appointments by district like the Planning Commission. The proposed ordinance provides for appointments for all Districts 1 through 6, and a Mayor’s at-large appointment, this year, and the terms to run concurrently with the Council Members’ terms for each district. The terms for existing at-large commissioners whose terms would otherwise continue until 2023 will be changed this one time so that all district seats may be appointed this year. The current members of the PACS Commission will continue to serve until they are replaced once a new recruitment has occurred. 2 ANALYSIS: The proposed ordinance provides for a commissioner to be appointed from each of the six (6) electoral districts of the City and one (1) at-large member appointed by the Mayor. The terms of the appointments will run concurrently with the Council Members’ terms and the Mayor’s term. ALTERNATIVES CONSIDERED: 1. The City Council may choose to change or add language to the proposed ordinance; or 2. The City Council may act to receive and file this report, which would result in no change to the code. FISCAL REVIEW: The Parks, Arts, and Community Services Commissioners receive $100.00 monthly. There are no fiscal changes associated with this ordinance. LEGAL REVIEW: The City Attorney’s Office has reviewed this report and prepared the proposed ordinance. CONCLUSION: Staff recommends that the City Council: 1. Introduce for first reading, by title only, Ordinance No. 2021-xx of the City Council of the City of Costa Mesa, California, amending Chapter III (Parks, Arts and Community Services Commission) of Title 12 (Parks and Recreation) of the Costa Mesa Municipal Code (Attachment 1). 2. Consider changing the terms of the Parks, Arts and Community Services commissioners whose terms are currently set to expire in 2023 to end upon appointment of new commissioners by City Council. 3. Direct the City Clerk to post the special vacancy notices pursuant to GC §54974(a), and to proceed with an extended recruitment to reflect district appointments and the Mayors at large appointment. _______________________________ ________________________________ BRENDA GREEN KIMBERLY HALL BARLOW City Clerk City Attorney _______________________________ CAROL MOLINA Finance Director ATTACHMENT: Ordinance No. 2021-xx Attachment 1 ORDINANCE NO. 2021-01 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, AMENDING CHAPTER III (PARKS, ARTS AND COMMUNITY SERVICES COMMISSION) OF TITLE 12 (PARKS AND RECREATION) OF THE COSTA MESA MUNICIPAL CODE WHEREAS, Chapter III (Parks, Arts and Community Services Commission) of Title 12 (Parks and Recreation) of the Costa Mesa Municipal Code establishes a Parks, Arts and Community Services Commission (“Commission”), the rules, regulations, and procedures applicable to the Commission, and the membership requirements for the Commission; and WHEREAS, pursuant to Section 12-74 of Chapter III of Title 12, the Commission consists of seven (7) members appointed by a majority vote of the entire City Council with one member designated as the liaison for the Senior Center and one member designated to serve as the liaison for arts and culture related initiatives and activities in the City; and WHEREAS, the City Council desires to amend Chapter III to provide for appointment of commissioners by district. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF COSTA MESA DOES HEREBY ORDAIN AS FOLLOWS: Section 1. Section 12-74 of the Costa Mesa Municipal Code is hereby deleted in its entirety and replaced with the following: 12-74. Membership. (a) Commission. The parks, arts and community services commission shall consist of seven (7) members. There shall be one (1) member from each electoral district of the city and one (1) at-large member. (b) Appointment and removal of commissioners. Each council member elected by district shall appoint the commission member for his or her district, subject to approval by a majority vote of the entire city council. The mayor shall appoint the at-large commission member, subject to approval by a majority vote of the entire city council. Commission members appointed by district shall be for a term of four (4) years, except as otherwise provided in this Ordinance. The at-large Commissioner appointed by the Mayor shall be for a two (2) year term, except as otherwise provided in this Ordinance. Commissioners serve at the pleasure of the city council. A member may be removed prior to the expiration of his or her term by a majority vote of the entire city council. Additional details for the appointment procedures and member qualifications, terms and compensation may be set by city council policy. (c) Residency in districts. Except for the at-large member, each member of the commission must be a resident of the electoral district from which the member is nominated at the time the member is nominated and appointed. If any member of the commission ceases to be a resident of the district from which the member was appointed, that member’s appointment will automatically terminate. The at-large member must be a resident of the city. If the at- large member ceases to be a resident of the city, that member’s appointment will Attachment 1 automatically terminate. The secretary of the parks, arts and community services commission shall immediately inform the city council of any such termination. (d) Term. The term of each commission member shall expire on the date on which the second regular meeting in January is held immediately following expiration of the term of the council member or mayor who appointed that member, or until he or she is reappointed or replaced. (e) Senior and Arts Liaisons. The members of the Commission shall designate one member of the commission to serve as the liaison for the senior center, and one member of the commission to serve as the liaison for arts and culture related initiatives and activities in the city. Section 2. Current Commission Members. The Commission members holding office on the effective date of this Ordinance shall continue to serve until they are reappointed or replaced by appointment of a qualified successor. Initial appointments to the Commission pursuant to this Ordinance for Districts 3, 4 and 5 shall be for a two (2) year term to establish staggering of appointments. Appointments for positions initially made by the council members representing Districts 1, 2 and 6 shall be for a four (4) year term. The at-large position appointed by the Mayor shall be for a two year term. Upon the termination or expiration of the term of any Commission member thereafter, appointments shall be made as provided in Section 12-74 of this Code as modified in this Ordinance. Section 3. Environmental Compliance. This Ordinance has been reviewed for compliance with the California Environmental Quality Act (CEQA), the CEQA Guidelines, and the City’s environmental procedures, and has been found to be exempt pursuant to Section 15061(b)(3) (General Rule) of the CEQA Guidelines because it can be seen with certainty that there is no possibility that the passage of this Ordinance will have a significant effect on the environment. Section 4. Inconsistencies. Any provision of the Costa Mesa Municipal Code or appendices thereto inconsistent with the provisions of this Ordinance, to the extent of such inconsistencies and no further, is hereby repealed or modified to that extent necessary to effect the provisions of this Ordinance. Section 5. Severability. If any section, subsection, sentence, clause, phrase or portion of this Ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council of the City of Costa Mesa hereby declares that it would have adopted this Ordinance and each section, subsection, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases or portions be declared invalid or unconstitutional. Section 6. Effective Date. This Ordinance shall take effect thirty (30) days after its final passage. Section 7. Certification. The City Clerk shall certify to the passage and adoption of this Ordinance and shall cause the same to be published or posted in the manner required by law. Attachment 1 PASSED AND ADOPTED this ___th day of ________, 2021. Katrina Foley, Mayor ATTEST: APPROVED AS TO FORM: Brenda Green, City Clerk Kimberly Hall Barlow, City Attorney Attachment 1 THIS PAGE IS RESERVED FOR CITY CLERK’S OFFICE STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss CITY OF COSTA MESA ) I, BRENDA GREEN, City Clerk of the City of Costa Mesa, DO HEREBY CERTIFY that the above and foregoing Ordinance No. 21-xx was duly introduced for first reading at the regular meeting of the City Council of the City of Costa Mesa held on the 19th day of January, 2021, by the following roll call vote, to wit: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: IN WITNESS WHEREOF, I have hereby set my hand and affixed the seal of the City of Costa Mesa this 20th day of January, 2021. ________________________ Brenda Green, City Clerk (Seal)