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HomeMy WebLinkAbout11/03/2004 CC Reports - Item No. 3 \J CITY OF LAKE ELSINORE REPORT TO CITY COUNCIL TO: MAYOR & CITY COUNCIL FROM: RICHARD J. W ATENP AUGH, CITY MANAGER DATE: November 3,2004 SUBJECT: Electoral Reform Committee Recommendations BACKGROUND As you will recall, the Mayor's Electoral Reform Committee was appointed April 13, 2004; and after a change in Chairmanship they began work in June. Under the Chairmanship of Ruth Atkins, the Committee has met seven times and extensively studied the issues presented to them. Attached for your consideration are their recommendations. FISCAL IMPACT None. RECOMMENDATION Consider Committee Recommendations. PREPARED BY: lJl.~1 VICKI KAS , CMC, tITY CLERK! HUMAN RESOURCES DIRECTOR APPROVED FOR ~4_ /I AGENDA LISTING;I'/Z~-/~.rI1 .&J- CITY MANAGER'S OFFICE AQENOA ITEM NO. 3 '" - . PAGE---L OF 7> 'J- . CITY OF LAKE ELSINORE MEMORANDUM TO: CITY COUNCIL FROM: MAYOR'S ELECTORAL REFORM COMMITTEE RE: RECOMMENDATIONS FOR ELECTORAL REFORM DATE: NOVEMBER 3, 2004 The Mayor's Electoral Reform Committee was formed to address five goals and objectives posed by the Mayor. The Committee's findings and recommendations with respect to each of the goals and objectives is set forth below: I. Investie:ate whether the oosition of City Treasurer should be continued in an elected caoacitv. Findings: As a result of its research and discussion on the aforementioned matter, the Committee makes the following findings: A. Due to the complexity of government finance, the role defined by the laws of the State of California for a City Treasurer can best be satisfactorily performed by a full time, qualified financial professional. B. The position of Director of Administrative Services of the City of Lake Elsinore requires a credentialed finance professional with commensurate education and experience. Any candidate qualified to be the Director of Administrative Services would be qualified to perform the duties of City Treasurer. Accordingly, the position of Director of Administrative Services should be the appointed City Treasurer. C. The City's finances are and will continue to be audited annually by independent certified public accountants as required by the laws of the State of California. D. Like other cities with an elected Treasurer, the role performed by the elected Lake Elsinore City Treasurer is mostly ceremonial. E. Many cities of comparable size to Lake Elsinore have appointed, not elected, Treasurers. F. The position of elected City Treasurer should be eliminated. G. A similar measure was placed on the ballot in November 1988 and failed, primarily due to a lack of understanding by the public that the role of the AQENOA ITEM NO. 3 " PAGE Q-.. OF "3?- . elected City Treasurer would be more effectively performed by an appointed, full time, qualified financial professional. H. The City should engage in public education effort to ensure that the electorate understands that elimination of an elected City Treasurer is solely the elimination of an elected position and that the Director of Administrative Services (as an appointed City Treasurer) and his or her staff will continue to perform the responsibilities required by the laws of the State of California to be performed by a City Treasurer. I. The City would save money by eliminating the position of elected City Treasurer. The estimated annual cost of benefits plus a $150/month stipend for an elected Treasurer is $13,309. This does not include administrative/staff costs and copying charges. Recommendation: The Committee recommends that a measure be placed on the ballot for the next regularly scheduled election to eliminate the position of elected City Treasurer. The Committee suggests the following wording in accordance with Government Code Section 36509: "Shall the office of City Treasurer be appointive?" The Electoral Reform Committee proposes to draft the "pro" argument for the ballot measure and to prepare a rebuttal to the argument against the measure, should one be submitted. Recommendation: The Committee further recommends that in connection with the placement of such a measure on the ballot, the City and the Committee engage in a educational campaign designed to inform the public as to the reasons for and benefits of such elimination, as well as the role of an appointed City Treasurer. Recommendation: If the City Council concurs, and if the electorate votes to eliminate the elected position of City Treasurer in favor of an appointed City Treasurer, then the City Municipal Code and City Policies should be revised accordingly. Comments: The existing elected City Treasurer was provided a copy of the Committee recommendation and invited to comment. The Treasurer appeared at the October 18 Committee meeting and shared his views that the City Treasurer performs a safeguarding function in connection with City finances and protects the City budget. II. Devise a new and permanent procedure for Commission/Committee appointments. Findings: As a result of its research and discussion on the aforementioned matter, the Committee makes the following findings: Recommendations of Electoral Reform Commrtee.7.doc - 2 - AQENOA ITEM NOp0204 3 " PAGE.-:L OF '3 ~ A. The Committee finds that the terms "Commission" and "Ad Hoc Committee" should be clearly defined and that the appointment and selection procedures for members should be "more formal" for Commissions in accordance with all applicable requirements of the California Government Code and "more informal" for Ad Hoc Committees. B. The Committee finds that a vast and largely untapped reservoir of talent exists among the citizenry of the City of Lake Elsinore, and that rich and varied segments of this great human resource are frequently unaware of the opportunities which exist to participate in and serve on local advisory commissions and committees. C. The Committee fmds that the City's policy should be to encourage public participation in City policy and decision-making processes from as many residents and other interested parties as possible and to broadly publicize such opportunities. Recommendation: That the City Council adopt Policy No. 200-5A entitled "Commission Appointments, " attached hereto as Exhibit A. Recommendation: That the City Council adopt Policy No. 200-5B entitled "Ad Hoc Committee Appointments, " attached hereto as Exhibit B. III. Create an appointment system of succession to City Council/Other Elected Officials. Commissions and Committees when unscheduled vacancies occur. Findings: As a result of its research and discussion on the aforementioned matter, the Committee makes the following findings: A. The Committee finds that its proposed City Council Policy Nos. 200-5A (Commissions) and 200-5B (Ad Hoc Committees) address the filling of unscheduled vacancies for Commissions and Committees. B. The Committee finds that the Council's policy for filling unscheduled vacancies on the City Council and other elected City official positions should encourage application by all interested qualified residents while complying with the short 30-day appointment period mandated by the California Government Code and should discourage the time delay and costs incurred by calling a special election to fill such vacancies. Recommendation: That the City Council adopt Policy No. 200-11 entitled "Filling City Council and Other Elected Official Unscheduled Vacancies," attached hereto as Exhibit C. Recommendations ofElectoraJ Reform Commttee.7.doc - 3 - AGENDA ITEM NO. ~0204 "- PAGE~ OF ':> <<J-~ IV. Establish new campai211 finance standards. Findings: As a result of its research and discussion on the aforementioned matter, the Committee makes the following findings: A. The Committee finds that the laws of the State of California as set forth in the Political Reform Act of 1974 (Government Code Section 81000 et seq.) and implementing regulations and described in the "Campaign Disclosure Manual 2" dated January 2004 prepared and published by the California Fair Political Practices Commission provide specific and comprehensive campaign finance regulation and that the imposition of stricter and/or additional requirements by the City may serve to confuse or discourage qualified persons to run for public office. B. Notwithstanding the foregoing, the Committee finds that the public interest in access to current reporting of all campaign contributions (particularly in the days immediately prior to an election) is paramount and can be balanced against the concerns of over-regulation. Recommendation: That the City Council adopt Ordinance No. 2004-_ entitled "AN ORDINANCE OF THE CITY OF LAKE ELSINORE, CALIFORNIA, REQUIRING THE FILING OF ADDITIONAL CAMPAIGN FINANCE DISCLOSURE MATERIALS WITH THE CITY CLERK OF THE CITY OF LAKE ELSINORE AND GOVERNING THE DISSEMINATION THEREOF," attached hereto as Exhibit D. V. Review the possibility of electine: Councilmembers bv Districts. Findings: As a result of its research and discussion on the aforementioned matter, the Committee makes the following findings: A. The Committee finds that the election of City Council members by or from districts is premature at this time because: I) the current population of the City is approximately 30,000 and each district would be comprised of fewer than 10,000 residents (and even fewer voters); 2) the projected increase in the City's population over the next several years would necessarily require redistricting very soon; 3) the projected increase in the City's population over the next several years and the projected location of the population bursts would provide for disproportionate numbers of voters in each district until appropriate redistricting could occur, and Recommendations of Electoral Reform Commltee.7.doc -4- A:ENOA ITEM~. 11U~ ... . PAGE ) OF 3'}--1 4) the City's budget, including the capital improvement budget, is insufficient at this time to support an equal distribution of projects among districts and could result in political tug-of-war to the benefit of a few and the detriment of the City as a whole (for example, funding for Lake projects could be compromised). B. The Committee further finds that the method of election of City Council members from districts is better than election of Council members by districts because such method ensures a representative City Council (Le. one from each Council district) while allowing the electorate to vote for each seat, as opposed to being limited to voting only for the Council member from the voter's actual district. Recommendation: That the City Council maintain the existing structure of Citywide elections of Council members and revisit the possibility of districting after the 2010 US Census if the City's population is at least eighty thousand (80,000) and the City is at least eighty percent (80%) built-out. Recommendation: If the City Council considers districts in the future, the Committee recommends that the Council be elected "from" district. VI. Review the possibility of directlv electine: the Mavor. Findings: As a result of its research and discussion on the aforementioned matter, the Committee makes the following findings: A. The Committee finds that the current method of City Council appointment of the Mayor works well. The Committee observes that there is an equal status among elected Council members and that providing an equal opportunity to serve in the honorary position of Mayor is advantageous to the community and to the City Council as a governing body. B. The Committee finds that the term of Mayor should be one year as set forth in the proposed amended City Council Policy 200-4 (copy attached as Exhibit E)' By serving only one year, each Council member will be given the opportunity to serve as Mayor and the electorate will benefit from the broadest representation possible. The Committee finds that permitting a Council member to serve two consecutive years as Mayor would not be advantageous to the public because it would deprive another Council member of his or her opportunity to serve as Mayor. The Committee observes that while each Council member should be provided an opportunity to serve as Mayor, no Council member should be obligated to accept the designation and that in the event a Council member prefers not to serve as Mayor that the position be filled by appointment from the remaining members. Recommendations of Electoral Reform Commltee.7.doc - 5 - AQENOA ITEM NO. "'. PAGE b OF 30204 .. SA C. The Committee further fmds that under a City Council/City Manager form of government, the responsibilities of an elected Mayor versus those of an appointed Mayor are not significantly different (for example, under California law, both are considered City Council members, and both of their duties consist of ceremonial and honorary roles such as presiding over the City Council meetings, executing documents on behalf of the City and making ceremonial appearances), and that there is no advantage to electing a Mayor over appointing a Mayor at this time. D. The Committee further finds that at some point in the City's growth, it may become desirable to have a full-time elected Mayor, but because such a role is consistent only with a charter city form of government and the Committee was instructed not to assess the desirability of becoming a charter city, the Committee makes no specific recommendation in this regard. Recommendation: That the office of Mayor remain an appointed position that serves for a one-year term, and that the City Council be encouraged to provide the opportunity to each of its members to be the Mayor should such council member desire to accept such appointment. Recommendation: That the City Council adopt amended Policy No. 200-4 (Exhibit E, attached).to provide that no Council member shall be permitted to serve as Mayor for two consecutive years. VII. Review the possibility of movine: City elections to even-numbered years. Findings: As a result of its research and discussion on the aforementioned matter, the Committee makes the following findings: A. Because the City has historically experienced low voter turn out, the City should do all it can to encourage City residents to participate in elections. Because residents vote in greater numbers in federal elections, moving City elections to even years would likely increase voter participation in City elections. Although the Committee expressed concern that City election issues may be diluted among numerous federal, state, regional and local election issues on a single ballot in an even-numbered year election, on balance, the Committee agreed that the possibility of greater voter participation outweighed such considerations. B. The Committee finds that the shift to even-numbered election years should be implemented in a manner that i) is fair and equitable to all City elected officials and to the electorate, ii) should not increase or decrease the term of the existing. Councilmembers, and iii) minimizes disruption to the election processes. The Committee further finds that by providing for a 3- Recommendations ofElectoraI Reform Commttee.7.doc - 6 - AQENoA ITEM NO. 113 "'-. PAGE~ OF 3 'J..- year Council term in the next two regularly scheduled City elections (i.e. 2005 and 2007) provides the best opportunity for conversion to even- numbered election years with both candidates and the electorate understanding they are running/voting for a one-time 3-year transitional term for each Council seat in order to effect the change to even-numbered election years. Recommendation: That the City Council adopt an ordinance movmg City elections to even numbered years. Recommendation: That the ordinance moving City elections to even numbered years be implemented as follows: ' Existing Council members' terms will remain the same, but at the next two regularly scheduled elections, Council members would be elected to three year terms (e.g. in 2005, members would be elected through 2008, and in 2007, members would be elected through 2010). Then, in the next even-numbered year elections (2008 and 2010) and all subsequent elections, City Council members will be elected for four-year terms. Recommendliions ofElectoraJ Reform Commhee.7.doc - 7 - AGEND." ITEM !'IY- ~ \ " PAGE <6 OF ~ CITY OF LAKE ELSINORE CALIFORNIA COUNCIL POLICY MANUAL SUBJECT: Commission Appointments Policy No. 200-5A Effective Date: Page No.1 of 11 , 200_ I. DEFINITIONS For purposes of this Policy, the term "Commission" shall have the meaning set forth . below: A "Commission" shall be a regular, ongoing committee, board or commission consisting of members appointed by the City Council. The City Council shall establish by ordinance all Commissions which shall advise the City Council and perform such other functions and duties as prescribed by the City Council. II. BACKGROUND The City of Lake Elsinore currently has two standing Commissions: the Planning Commission and the Public Safety Advisory Commission. The Planning Commission was established pursuant to Lake Elsinore Municipal Code Chapter 2.24 and the Public Safety Commission was established pursuant to Lake Elsinore Municipal Code Chapter 2.26. Within specific areas of responsibility, each Commission serves as an advisory body to the City Council on policy matters or reviewing specific issues as directed by the City Councilor prescribed by law. The Planning Commission is both advisory and regulatory and organized according to the City Code (Ch. 2.24) and State statute (Government Code Section 65100 et seq. and Sections 65300-65401). The City has an adopted a City Council Policy Manual which includes policies relating to (Council Policy Nos. ) which specified policies are also applicable to all advisory bodies. III. PURPOSE To define policies and procedures for the appointment by the City Council of members of Commissions. EXHIBIT A AGfNOA ITEM NO. ~ 3 ., .~ PAGE-3-0F ~~ City of Lake Elsinore Council Policy Manual Policy No. 200-5A Page 2 IV. POLICIES AND PROCEDURES APPLICABLE TO COMMISSIONS A. General: Methods of Selection 1. General. The City Council shall establish a Commission by ordinance which clearly defines the extent of the Commission's authority and the nature of the Council's review of the Commission's action (e.g. de novo or on the record). Appointments shall be discussed and made in open session. 2. Method of Selection. 1. Annual List. A list of all regular and ongoing boards, com- missions, and committees whose members serve at the pleasure of the City Council shall be posted on or before December 31 of each year. This list shall be known as the "Local Appointments List." The list shall contain the following information: a) a list of all appointive terms which will expire during the next calendar year, b) the name of the incumbent appointee, c) the date of appointment, d) the date the term expires, and e) the necessary qualifications for the position. 11. Posting of Annual List. The Local Appointments List shall be posted at City Hall and copies shall be available to members of the public for a reasonable fee which shall not exceed actual cost. The Local Appointments List shall also be provided to and posted in the Lake Elsinore Branch of the Riverside County Library located at 600 W. Graham Avenue. B. Qualifications; Nondiscrimination; Compensation 1. Qualifications 1. The Ordinance establishing the Commission shall specify that members shall be at least 18 years of age and such other qualifications as the City Council deems necessary and appropriate. 11. Current members of the City Councilor any City Commission are disqualified for membership in any other AQENDA ITEM NO.S PAGE-1Q..OF 37- City of Lake Elsinore Council Policy Manual Policy No. 200-5A Page 3 Commission. No party shall be a concurrent member of more than one Commission. lll. Commission members shall be permitted to retain membership while seeking any elective office. However, members shall not use the meetings, functions or activities of such bodies for purposes of campaigning for elective office. 2. Nondiscrimination. The City Council shall not discriminate in its appointments based on gender, race, creed, color or national or ethnic origins. 3. Compensation. The City Council shall fix the compensation of all appointive Commission members by ordinance or by resolution. C. Application/Selection Process 1. A current list of applicants is established each year. Applications may be submitted to the City Clerk at any time between January 1 and December 31. These applications may be considered for various vacancies throughout the year; however, on December 31, any remaining applications of these persons not appointed will be void. In order to be considered in the following year, new applications will need to be submitted starting January 1. During the year, the application process begins for a particular opening when a vacancy occurs due to term expiration, resignation, removal or death of a member. 2. The application period will normally run for a period of four weeks from the date the vacancy occurs. Applications are available from the City Clerk's office. A copy of this Policy shall be provided to all applicants. 3. Applicants are required to complete and return a separate application form for each Commission they desire to serve on by the established deadline. Applications sent by fax or email shall not be accepted. The City Clerk shall compile a list of applicants from the applications received (the "List of Applicants"). 4. Incumbents seeking a reappointment are required to complete and file an updated application with the City Clerk by the application deadline. AQENDA ITEM NO. :3 ". PAGEJ..L OF ~?- City of Lake Elsinore Council Policy Manual Policy No. 200-5A Page 4 5. After the deadline of receipt of applications, the City Clerk shall schedule the matter at the next available regular Council meeting. All applications received will be submitted and made a part of the Council agenda packet for their review and consideration. 6. Upon review of the applications received, the Council reserves the right to schedule or waive interviews, or to extend the application process in the event insufficient applications are received. In either case, the City Clerk will provide notification to the applicants of the decision of the Council. 7. At least thirty (30) days prior to such date as a vacancy requires filling, the City Council shall appoint a subcommittee of two (2) City Council Members to select appointees from the List of Applicants (as defined below). 8. Potential appointees selected from the List of Applicants shall complete a standard questionnaire provided by the City Clerk. The City Clerk shall compile the questionnaire with the input of City and other staff with experience in the subject matter with which the Commission will be dealing. The appointment subcommittee members shall evaluate the responses of the candidates to the questionnaire and interview the parties selected from the List of Applicants. After consideration of the foregoing, the appointment subcommittee shall select the candidate(s) it wishes to recommend to the City Council and shall submit a written report to the City Council citing its reasons for selecting the candidate(s) recommended. 9. The selection/appointment process by the appointment subcommittee shall be conducted open to the public. The appointment subcommittee shall nominate its selected applicants at a City Council meeting. A vote will be called for each nomination. Applicants receiving the highest number of affirmative votes from a majority of the council present shall be appointed. 10. Following a Council appointment, the City Clerk shall notify successful and unsuccessful applicants, as applicable, in writing. Appointees will receive copies of City Council Policy Nos. II. An orientation will be scheduled by support staff following an appointment (but before taking office). AQENOA ITEM NO. _ 3 '"'- PAGEJ 7-0F Z;?-- City of Lake Elsinore Council Policy Manual Policy No. 200-SA Page 5 D. Term of Office 1. The term of office for members of the Planning Commission is four (4) years. The term of office for members of the Public Safety Commission is two (2) years. The term of office for members of all other Commissions shall be the term set forth in the enacting ordinance for such Commission. 2. Terms are staggered to be overlapping, so that all terms do not explfe III anyone year. 3. If a member resigns before the end of his/her term, a replacement serves out the remainder of that term. E. Appointments/Oaths 1. The City Council is the appointing body for all Commissions. All members serve at the pleasure of the City Council for designated terms. 2. All appointments and reappointments shall be made at a regularly scheduled City Council meeting, and require an affirmative vote of not less than a majority of the Council present. 3. Prior to taking office, all members must complete an Oath of Allegiance required by the Article XX, ~3, of the Constitution of the State of California. All oaths are administered by the City Clerk or his/her designee. 4. Appointments made during the middle of the term are for the unexpired portion of that term. F. Conflict of Interest and Disclosure Requirements 1. A Conflict of Interest Code has been updated and adopted by the City Council pursuant to Government Code Section 87300 et seq. Copies of this Code are filed with the City Clerk. Pursuant to the adopted Conflict of Interest Code, members serving on the Planning Commission and Public Safety Commission are required to file a Statement of Economic Interest with the City Clerk to disclose personal interest in investments, real property and income. This is done within thirty days of appointment and annually thereafter. A statement is also required within thirty days after leaving office. AQENOA ITEM NO. .5 PAGE J...2... OF :) ~ City of Lake Elsinore Council Policy Manual Policy No. 200-5A Page 6 2. If a public official has a conflict of interest, the Political Reform Act may require the official to disqualify himself or herself from making or participating in a governmental decision, or using his or her official position to influence a governmental decision. Questions in this regard may be directed to the City Attorney. G. Selection of Chair and Vice Chair 1. The Chair and Vice Chair of each Commission shall be selected upon establishment and in January of each year thereafter by a majority of the members and shall serve for one year or until their successors are selected. 2. Each Commission shall annually rotate its Chair. H. Meetings and Officers 1. AgendaslNoticeslMinutes 1. All meetings shall be open and public and shall conduct business through published agendas, public notices and minutes and follow all of the Brown Act provisions governing public meetings. Special, cancelled and adjourned meetings may be called when needed, subject to the Brown Act provisions. 11. Support staff for each Commission shall be responsible for properly noticing and posting all regular, special, cancelled and adjourned meetings. Copies of all meeting agendas, notices and minutes shall be provided to the City Council, City Manager, City Attorney, City Clerk and other appropriate staff, as requested. 111. Original agendas and minutes shall be filed and maintained by support staff in accordance with the City's adopted Records Retention Schedule. 2. Conduct and Parliamentary Procedures 1. Unless otherwise specified by State law or City regulations, conduct of all meetings shall generally follow Robert's Rules of Order. AGENDA ITEM NO. 3- tPAGE..J..!:L OF :7 7- City of Lake Elsinore Council Policy Manual Policy No. 200-SA Page 7 11. A majority of Commission members shall constitute a quorum and a quorum must be seated before official action is taken. 111. The Chair of each Commission shall preside at all meetings and the Vice Chair shall assume the duties of the Chair when the Chair is absent. 3. Meeting Locations and Dates 1. Meetings shall be held in the Council Chambers or other designated City facilities as noticed. 11. All Commissions shall conduct regular meetings at least once a month. Special meetings may also be scheduled as required by the Commission. 111. Monthly regular meetings shall have a fixed date and time established by the Commission. Changes to the established regular dates and times are subject to the approval of the City Council. An exception to this rule would include any changes necessitated to fill a temporary need in order for the Commission to conduct its meeting in a most efficient and effective way as long as proper and adequate notification is provided to the Council and made available to the public. 4. Other Rules and Procedures Each Commission may adopt other rules and procedures as it feels necessary to effectively and efficiently accomplish its duties. I. Attendance 1. An Attendance Policy shall apply to all advisory bodies. Provisions of this policy are listed below. 1. A compilation of attendance will be submitted to the City Council at least annually listing absences for all Commissions/Committee members. 11. Absences, which result in attendance at less than two thirds of their meetings during the calendar year, will be reported 3 AQENOA ITEM NO. PAGE..LS:.. OF ') J- City of Lake Elsinore Council Policy Manual Policy No. 200-5A Page 8 to the City Council and may result in replacement of the member by the Council. Ill. Any member who feels that unique circumstances have led to numerous absences can appeal directly to the City Council for a waiver of this policy or to obtain a leave of absence. 2. While it is expected that members be present at all meetings, the chair should be notified if a member knows in advance that he/she will be absent. J. Relationship to Council. Staff and Media 1. Upon referral by the Council, the Commission shall study referred matters and return their recommendations and advise to the Council. With each such referral, the Council may authorize the City staff to provide certain designated services to aid in the study. 2. Commissions shall not become involved in the administrative or operational matters of City departments unless specifically provided in their prescribed powers and duties. Members may not direct staff to initiate major programs, conduct large studies, or establish department policy without approval of the City Council. City staff assigned to furnish staff services shall be available to provide general staff assistance, such as preparation of agenda/notice materials and minutes, general review of department programs and activities, and to perform limited studies, program reviews, and other services of a general staff nature. Commissions may not establish department work programs or determine department program priorities unless specifically authorized. The responsibility for setting policy and allocating scarce City resources rests with the City's duly elected representatives, the City Council. 3. Additional or other staff support may be provided upon a formal request to the City Council. 4. The Commission Chair shall act as the Commission's lead representative. Commission members should refer all media inquiries to their respective Chairpersons for response in consultation with support staff. Pursuant to Council Policy 400-6, no Commission Chairperson or member shall prepare or distribute an official press release to the media. Commission members may AGENDA ITEM NO. J " PAGE -'.1a.. OF 3> J- City of Lake Elsinore Council Policy Manual Policy No. 200-5A Page 9 express personal opinions and comments so long as the member clarifies that his or her statements do not represent the position of the Commission and/or the City Council. K. Council Referrals The City Manager shall transmit to the designated Commission all referrals and requests from the City Council for advice and recommendations. Commissions shall expeditiously consider and act on all referrals and requests made by the City Council and shall submit reports and recommendations to the City Council on these assignments. L. Recommendations. Requests and Reports As necessary and appropriate, the agenda for the regular City Council meeting will include an item called "Commission/Committee Reports, Announcements and/or Appointments". At this time, Commissions may submit recommendations in writing or reports and may request direction and support from the City Council. Such requests shall be communicated to the City Manager in advance so that they may be listed on the agenda. The Council will receive such reports and recommendations and, after suitable study and discussion, respond or give direction. M. Public Appearance of Commission Members When a Commission member appears in a non-official, non-representative capacity before the public, for example in a Council meeting, the member shall indicate that he or she is speaking only as an individual. If the Commission member appears as the representative of an applicant or a member of the public, the Political Reform Act may govern this appearance. In addition, in certain circumstances, due process considerations might apply to make a Commission member's appearance inappropriate. Conversely, when a member who is present at a Council meeting is asked to address the Council on a Commission matter, the member should represent the viewpoint of the particular Commission as a whole (not a personal opinion). N. Removal Appointed officials hold office at the pleasure of the City Council. The City Council may remove a Commission member without notice or a hearing upon a vote of the majority of the City Council. AQENDA ITEM NO. 3 "'-. PAGE.1.2. OF 1?- City of Lake Elsinore Council Policy Manual Policy No. 200-5A Page 10 o. Resignations Resignations must be submitted in writing to the City Clerk, who will distribute copies to City Council and appropriate staff. P. Unscheduled Vacancies 1. Notice of unscheduled vacancv~ Selection. .Whenever an unscheduled vacancy occurs in any Commission (whether due to resignation, death, termination, or other causes) a special vacancy notice shall be posted in the office of the City Clerk, the Lake Elsinore Branch of the Riverside County Library, and in other places as directed by the City Council, not earlier than 20 days before or not later than 20 days after the vacancy occurs. Final appointment to the Commission shall not be made by the City Council for at least 10 working days after the posting of the notice in the City Clerk's office. 2. Emergencies. Notwithstanding the foregoing, the City Council may, if it finds that an emergency exists, fill the unscheduled vacancy immediately. A person appointed to fill the vacancy shall serve only on an acting basis until the final appointment is made pursuant to this section. Q. Disbanding of Advisory Body Unless otherwise required by law, a Commission may be disbanded due to lack of business or other cause upon majority vote of the City Council following a recommendation of the City Council, Commission Chair or appropriate staff. R. Waiver of Requirements In the event compliance with any of the above requirements would seriously interfere with or interrupt the important business of the City, the City Council may, with the approval of four Council members, waive one or more of said requirements. AGENDA ITEM NO. .3 PAGEL.!- OF 3 ?- CITY OF LAKE ELSINORE CALIFORNIA COUNCIL POLICY MANUAL SUBJECT: Ad Hoc Committee Appointments Policy No. 200-5B Effective Date: Page No.1 of 8 , 200_ I. DEFINITIONS For purposes of this Policy, the term "Ad Hoc Committee" shall have the meaning set forth below: An "Ad Hoc Committee" shall be a committee or board that has a special limited purpose and is established for a limited period of time. Unless otherwise directed, Ad Hoc Committees shall be established by resolution of the City Council. In establishing an Ad Hoc Committee, the City Council will establish the time frame pursuant to which the Committee shall complete its mission which time frame should not exceed 18 months subject to reasonable extensions approved by the City Council. II. BACKGROUND The City of Lake Elsinore currently has three Ad Hoc Committees: the Redevelopment Advisory Committee, the Electoral Reform Committee, and the Country Club Heights Committee. Former Ad Hoc Committees include the Palm Tree Committee and the Homeless Committee. Within specific areas of responsibility, each advisory body has a primary role of advising the City Council on policy matters or reviewing specific issues as directed by the City Council. The City has an adopted a City Council Policy Manual which includes policies relating to (Council Policy Nos. ) which specified policies are also applicable to all advisory bodies. III. PURPOSE To define policies and procedures for the appointment by the City Council of members of Ad Hoc Committees. EXHIBIT B AQENDA ITEM NO. .3 '" PAGE..u. OF ') 'J-- City of Lake Elsinore Council Policy Manual Policy No. 200-5B Page 2 / IV. POLICIES AND PROCEDURES APPLICABLE TO AD HOC COMMITTEES A. General; Methods of Selection 1. General. The City Council shall establish an Ad Hoc Committee by resolution. Appointments shall be discussed and made in open seSSIOn. 2. Method of Selection. Each City Council member shall be entitled to appoint one person to the Ad Hoc Committee. In the event the Committee consists of more than five (5) members, each City Council member shall have an equal number of appointments, with the Mayor appointing the balance of the members. B. Qualifications; Compensation 1. Qualifications. i. The Resolution establishing the Ad Hoc Committee shall specify that members shall be at least 18 years of age and such other qualifications as the City Council deems necessary and appropriate. ii. Current members of the City Council, City Commissions or other Ad Hoc Committees are disqualified for membership in any other Ad Hoc Committee. No party shall be a concurrent member of more than one Commission or Ad Hoc Committee. 111. Ad Hoc Committee members shall be permitted to retain membership while seeking any elective office. However, members shall not use the meetings, functions or activities of such bodies for purposes of campaigning for elective office. 2. Nondiscrimination. The City Council shall not discriminate in its appointments based on gender, race, creed, color or national or ethnic origins. 3. Compensation. Committee members serve on a voluntary basis without compensation. 3 AQENDA ITEM NO. "'-. PAGE ~OoF ~ 1- City of Lake Elsinore Council Policy Manual Policy No. 200-5B Page 3 C. Term Each member appointed to serve on an Ad Hoc Committee shall serve until the Committee completes its mission. D. Chair and Vice Chair The Chair of an Ad Hoc Committee shall be appointed by the Mayor. At the discretion of the Committee, it may appoint a Vice Chair and/or other officers. E. Appointments/Oaths 1. The City Council is the appointing body for all Ad Hoc Committees. All members serve at the pleasure of the City Council for designated terms. 2. All appointments and reappointments shall be made at a regularly scheduled City Council meeting, and require an affirmative vote of not less than a majority of the Council present. 3. Prior to taking office, all members must complete an Oath of Allegiance required by the Article XX, ~3, of the Constitution of the State of California. All oaths are administered by the City Clerk or his/her designee. F. Meetings and Officers 1. AgendaslNotices/Minutes 1. All meetings shall be open and public and shall conduct business through published agendas, public notices and minutes and follow all of the Brown Act provisions governing public meetings. Special, cancelled and adjourned meetings may be called when needed, subject to the Brown Act provisions. ii. Support staff for each Ad Hoc Committee shall be responsible for properly noticing and posting all regular, special, cancelled and adjourned meetings. Copies of all meeting agendas, notices and minutes shall be provided to AGENDA ITEM NO. 3 PAGE.1J.. OF :7 ?- i City of Lake Elsinore Council Policy Manual Policy No. 200-5B Page 4 the City Council, City Manager, City Attorney, City Clerk and other appropriate staff, as requested. lll. Original agendas and minutes shall be filed and maintained by support staff in accordance with the City's adopted Records Retention Schedule. 2. Quorum and Procedures 1. A majority of Ad Hoc Committee members shall constitute a quorum and a quorum must be seated before official action is taken. 11. The Chair of ,each Ad Hoc Committee shall preside at all meetings. The Vice Chair or other designated member shall assume the duties of the Chair when the Chair is absent. 3. Meeting Locations and Dates 1. Meetings shall be held in the Council Chambers or other designated City facilities as noticed. 11. All Ad Hoc Committees shall conduct regular meetings at least once a month. Special meetings may also be scheduled as required by the Ad Hoc Committee. 111. Monthly regular meetings shall have a fixed date and time established by the Ad Hoc Committee. Changes to the established regular dates and times are subject to the approval of the City Council. An exception to this rule would include any changes necessitated to fill a temporary need in order for the Ad Hoc Committee to conduct its meeting in a most efficient and effective way as long as proper and adequate notification is provided to the Council and made available to the public. 4. Other Rules and Procedures Each Ad Hoc Committee may adopt other rules and procedures as it feels necessary to effectively and efficiently accomplish its duties. AGENDA ITEM NO. PAGE~J-.oF . -:7'!--: 3 City of Lake Elsinore Council Policy Manual Policy No. 200-5B Page 5 G. 1\ttendance 1. 1\0 1\ttendance Policy shall apply to all advisory bodies. Provisions of this policy are listed below. 1. 1\ compilation of attendance will be submitted to the City Council at least annually listing absences for all Commissions/Committee members. 11. 1\bsences, which result in attendance at less than two thirds of their meetings during the calendar year, will be reported to the City Council and may result in replacement of the member by the Council. iii. 1\oy member who feels that unique circumstances have led to numerous absences can appeal directly to the City Council for a waiver of this policy or to obtain a leave of absence. 2. While it is expected that members be present at all meetings, the chair should be notified if a member knows in advance that he/she will be absent. H. Relationship to Council. Staff and Media 1. Upon referral by the Council, the 1\d Hoc Committee shall study referred matters and return their recommendations and advise to the Council. With each such referral, the Council may authorize the City staff to provide certain designated services to aid in the study. 2. 1\d Hoc Committees should not become involved in the administrative or operational matters of City departments unless specifically provided in their prescribed powers and duties. Members may not direct staff to initiate major programs, conduct large studies, or establish department policy without approval of the City Council. City staff assigned to furnish staff services shall be available to provide general staff assistance, such as preparation of agenda/notice materials and minutes, general review of department programs and activities, and to perform limited studies, program reviews, and other services of a general staff nature. 1\d Hoc Committees may not establish department work programs or determine department program priorities unless specifically AGENDA ITEM NO. .3 PAGE~OF 3?- City of Lake Elsinore Council Policy Manual Policy No. 200-5B Page 6 authorized. The responsibility for setting policy and allocating scarce City resources rests with the City's duly elected representatives, the City Council. 3. Additional or other staff support may be provided upon a formal request to the City Council. 4. The Ad Hoc Committee Chair shall act as the Ad Hoc Committee's lead representative. Ad Hoc Committee members should refer all media inquiries to their respective Chairpersons for response in consultation with support staff. Pursuant to Council Policy 400-6, no Committee Chairperson or member shall prepare or distribute an official press release to the media. Committee members may express personal opinions and co~ents so long as the member clarifies that his or her statements do not represent the position of the Committee and/or the City Council. 1. Council Referrals The City Manager shall transmit to the designated Ad Hoc Committee all referrals and requests from the City Council for advice and recommendations. Ad Hoc Committees shall expeditiously consider and act on all referrals and requests made by the City Council and shall submit reports and recommendations to the City Council on these assignments. J. Recommendations. Requests and Reports As necessary and appropriate, the agenda for the regular City Council meeting will include an item called "Commission/Committee Reports, Announcements and Appointments". At this time, Ad Hoc Committees may submit recommendations in writing or reports and may request direction and support from the City Council. Such requests shall be communicated to the City Manager in advance so that they may be listed on the agenda. The Council will receive such reports and recommendations and, after suitable study and discussion, respond or give direction. K. Public Appearance of Ad Hoc Committee Members When an Ad Hoc Committee member appears in a non-official, non- representative capacity before the public, for example in a Council meeting, the member shall indicate that he or she is speaking only as an individual. If the Ad Hoc Committee member appears as the AENOA ITEM NO. 3 PAGEfl OF 31--" City of Lake Elsinore Council Policy Manual Policy No. 200-5B Page 7 representative of an applicant or a member of the public, the Political Reform Act may govern this appearance. In addition, in certain circumstances, due process considerations might apply to make an Ad Hoc Committee member's appearance inappropriate. Conversely, when a member who is present at a Council meeting is asked to address the Council on a matter, the member should represent the viewpoint of the particular Ad Hoc Committee as a whole (not a personal opinion). L. Removal Appointed officials hold office at the pleasure of the City Council. The City Council may remove a Committee member without notice or a hearing upon a vote of the majority of the City Council. M. Resignations Resignations must be submitted in writing to the City Clerk, who will distribute copies to City Council and appropriate staff. N. Unscheduled Vacancies 1. Notice of unscheduled vacancy: Selection. Whenever an unscheduled vacancy occurs in any Ad Hoc Committee (whether due to resignation, death, termination, or other causes), the City Council member who appointed the Ad Hoc Committee member to begin with shall appoint a replacement member within thirty (30) days of the vacancy. 2. Emergencies. Notwithstanding the foregoing, the City Council may, if it finds that an emergency exists, fill the unscheduled vacancy immediately. A person appointed to fill the vacancy shall serve only on an acting basis until the final appointment is made pursuant to this section. O. Disbanding of Advisory Body An Ad Hoc Committee may be disbanded due to lack of business or other cause upon majority vote of the City Council following a recommendation of the City Council, Committee Chair or appropriate staff. AQENDA ITEM NO. 3 PAGE~OF 3~ City of Lake Elsinore Council Policy Manual Policy No. 200-5B Page 8 P. Waiver of Requirements In the event compliance with any of the above requirements would seriously interfere with or interrupt the important business of the City, the City Council may, with the approval of four Council members, waive one or more of said requirements. AQENOA ITEM NO. 3 PAGE 2-(, OF 3 ~ CITY OF LAKE ELSINORE CALIFORNIA PROPOSED CITY COUNCIL POLICY SUBJECT: Filling City Council and Other Elected Official Vacancies Policy No. 200-11 Effective Date: Page No.1 of _ , 200_ BACKGROUND The City of Lake Elsinore does not currently have a policy regarding the filling of vacancies on the City Council, nor has the City adopted.an ordinance addressing such matter as permitted under Government Code Section 36512. PURPOSE To define policies and procedures for the filling of a vacancy on the City Council. DEFINITION OF VACANCY The City Council shall determine that a vacancy has occurred in accordance with definition afforded "vacancy" under California law, including, without limitation, Government Code Section 1770. For example, California law states that a vacancy occurs in the events of resignation, non-residence, military service, abandonment, incompatible offices, acceptance of free transportation, criminal conviction and death. Questions as to whether a vacancy has occurred shall be directed to the City Attorney. POLICIES AND PROCEDURES 1. Appointment within thirty (30) days. In conformity with California law, the City Council shall fill the unscheduled vacancy by appointment within thirty (30) days of the occurrence of the vacancy. 2. Notice of unscheduled vacancy. Within five (5) days of the occurrence of a vacancy in the City Council, a special vacancy notice shall be posted in the office of the City Clerk, the Lake Elsinore Library, and in such other places as directed by the City Council. 3. Application Period. The application period will run for a period of two weeks from the date the notice of vacancy is posted. If there is EXHIBIT C AQENOA ITEM NO. ;3 PAGE d- 1 OF :Y~ City of Lake Elsinore Council Policy Manual Policy No. 200-11 Page 2 more than one concurrent vacancy, the application period may be longer, but in no event for a period longer than twenty (20) days after the occurrence of a vacancy. Applications shall be available from the City Clerk's office. 4. Submission of Application: List of Applicants. Applicants shall be required to complete and return the application by the established deadline. Applications sent by fax or email will not be accepted. The City Clerk shall compile a list of applicants from the applications received (the "List of Applicants"). 5. Appointment Committee. At the next regular meeting following the occurrence of a vacancy, the City Council shall appoint two (2) City Council Members to nominate an appointee from the List of Applicants. 6. Evaluation of Applicants. The Appointment Committee members shall evaluate the applications and may interview parties selected from the List of Applicants. After consideration of the foregoing, the Appointment Committee members shall select the candidate(s) for nomination to the City Council. 7. Nominations. After the deadline of receipt of applications, the City Clerk shall schedule the matter at a Council meeting. All applications received will be submitted and made a part of the Council agenda packet. The Appointment Committee's selection/nomination shall be conducted open to the public at the City Council meeting. A vote will be called for each nomination. The applicant(s) receiving an affirmative vote from a majority of the Council present shall be appointed. 8. Term. The person so appointed shall serve until the expiration of the predecessor's term. 9. Councilmember Prohibition. No person serving as a Councilmember during the occurrence of a vacancy on the City Council shall be eligible for appointment to fill such vacancy. 10. Special Election. In the event no applications from eligible candidates are received or the City Council otherwise fails to fill the vacancy by appointment in accordance with this Policy the thirty (30) day period required by California law, then the City Council shall on the 30th day call for a special election. AaENOA .TEM NO '3 ~ ..... =""""""'""~. ." PAGE~OF_3~~ ORDINANCE NO. 2004-_ AN ORDINANCE OF THE CITY OF LAKE ELSINORE, CALIFORNIA, REQUIRING THE FILING OF ADDITIONAL CAMPAIGN FINANCE DISCLOSURE MATERIALS WITH THE CITY CLERK OF THE CITY OF LAKE ELSINORE AND GOVERNING THE DISSEMINATION THEREOF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, ORDAINS AS FOLLOWS: SECTION 1: as follows: That Chapter _' be added to the Lake Elsinore Municipal Code, CHAPTER CAMPAIGN FINANCE .010. Purpose; Effect; Application. The Political Reform Act of 1974 (Government Code Section 81000 et seq., together with the implementing regulations promulgated by the Fair Political Practices Commission, the "Political Reform Act") provide specific and comprehensive campaign finance regulation. Such uniformity encourages persons to seek local elected office and enhances compliance with the Political Reform Act. The City desires to impose campaign finance disclosure requirements on Candidates consistent with the Political Reform Act along with such additional requirements as set forth herein. .020. Definitions For the purposes of this chapter, the definitions set forth in the Political Reform Act shall govern, except as otherwise specified herein, as follows: "Campaign Statement" as used in this chapter means an itemized report, prepared on a form for campaign statements required to be filed pursuant to the Political Reform Act and in order to comply with the reporting requirements of this Chapter. "City Clerk" means the City Clerk of the City of Lake Elsinore. "Election" means any city, general, special or recall election held in the City. .030. Political Reform Act. The Political Reform Act, as may be amended from time to time, is hereby adopted by reference. EXHIBIT D A(~ENOA ITEM NO. :3-" PAGE.1-i OF ']. J--- - .040. Reports and statements--Filed where. Campaign Statements shall be filed with the City Clerk. .050. Additional Filing Requirements - Campaign Statements. In addition to the times set forth in the Political Reform Act, including but not limited to, Sections 84200.5, 84200.6, 84200.7, 84200.8, 84202.5 and 84203 of the Government Code, Candidates and Controlled Committees shall file current Campaign Statements by noon on the Tuesday and Friday immediately before the Election. .060. Statements--Public inspection requirements. Campaign Statements are to be open for public inspection and reproduction at the office of the City Clerk during regular City business hours. Copies of the statements or parts of statements shall be provided by the City Clerk at a price not to exceed the direct cost of duplication. Copies will also be made available for review by the public at the Lake Elsinore Branch of the Public Library during its normal business hours. City Council may direct such other method or methods of dissemination best suited to reach the largest number of Lake Elsinore residents in a cost-effective manner, such as (i) posting of Campaign Statements on a secure page of the City's web site no later than the next business day following the Campaign Statement filing deadline; (ii) establishing a dedicated phone line and placing a recorded message on the phone line at the end of each Campaign Statement filing deadline describing a list of all persons contributing one hundred dollars ($100) or more to any candidate or committee in that election and the amounts of the contributions reported through the end of the business day; or (iii) publishing in one or more newspapers at least once in the seven days before each Election a list of all persons contributing one hundred dollars ($100) or more to any Candidate or Controlled Committee in that Election and the amounts of the contributions reported through the filing deadline for the second pre-election statements. SECTION 2: SEVERABILITY If any provision, clause, sentence or paragraph of this ordinance or the application thereof to any person or circumstance shall be held invalid, such invalidity shall not affect the other provisions of this Ordinance and are hereby declared to be severable. SECTION 3: EFFECTIVE DATE This Ordinance shall take effect thirty (30) days after the date of its passage. The City Clerk shall certify as to adoption of the Ordinance and cause this Ordinance to be published and posted in the manner required by law. Exhibit D Ordinance Re Campaign Finance Disclosure 102704.doc 2 3 AGENDA ITEM NO. I lOt I PAGE.1f2..0F 3 ~~ PASSED, UPON FIRST READING this _ day of following roll call vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ABSTAIN: COUNCILMEMBERS: PASSED, APPROVED AND ADOPTED this _ day of following roll call vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ABSTAIN: COUNCILMEMBERS: ,20-, by the ,20_, by the , Mayor ATTEST: Vicki Kasad, City Clerk APPROVED AS TO FORM: Barbara Zeid Leibold, City Attorney V AN BLARCOM LEIBOLD MCCLENDON & MANN, P.C. Exhibit D Ordinance Re Campaign Finance Disclosure 102704.doc 3 3 AGENDA ITEM NO. 1lU2'i- I PAGE.2.LOF ~ . CITY OF LAKE ELSINORE CALIFORNIA COUNCIL POLICY MANUAL SUBJECT: Selection of Mayor and City CouncillRDA Officers; Term of Office Policy No. 200-4 Effective Date: 3/23/99 Revised Date: _2004 Page No.1 of 1 BACKGROUND The City of Lake Elsinore is a General Law City with a CouncillManager form of government. The City Council consists of five (5) members elected from the City at large to serve four-year terms. The Mayor, the RDA Chair and other officers are selected annually from the City Council/Redevelopment Agency membership to serve a one-year term as Presiding Officer. PURPOSE To clarify the procedure followed in electing a Councilmember to the position of Mayor. POLICY The Mayor, the RDA Chair and other officers shall be selected annually as follows: Following a General Municipal Election, the Mayor, RDA Chair and other officers shall be selected at the meeting where election results are confirmed and the new City Council members are seated. (This meeting will either be in late November or early December). In alternating years (i.e. when there is no General Municipal Election) the Mayor, RDA Chair and other officers shall be selected at the first Regular City Council meeting in December. No City Council member shall serve two consecutive years as Mayor and no Redevelopment Agency member shall serve two consecutive years as Chairperson. No City Council member shall serve as Mayor during his or her candidacy for City Council. In the event a Mayor files his or her candidacy papers for City Council, such Mayor shall immediately resign from the position of Mayor. Adopted by Resolution No. 99-13 Revised by Resolution No. AQENOA ITEM NO. .3 "'- PAGE.J.:b. OF '37- Mavor's Electoral Reform Committee Chairwoman Ruth Atkins 15237 Lake Trail Circle Lake Elsinore, CA 92530 (909) 678-1537 (home) Jimmy Flores 19395 White Birch Court Lake Elsinore, CA 92530 (909) 678-3518 (home) (909) 245-2606 (work) Joyce Hohenadl 27 Corte Palazzo Lake Elsinore, CA 92532 (909) 674-2159 (home) James Judziewicz 16526 Running Deer Road Lake Elsinore, CA 92530 (909) 471-3777 (home) (909) 471-2184 (work) Mike Maskell 37 Villa Valtelena Lake Elsinore, CA 92532 (909) 674-0272 (home) Revised 5/27/04