Rancho Palos Verdes City Council
   

January 17, 2006 CONSIDERATION OF AN ORDINANCE GENERALLY REQUIRING MEMBERS OF CITY COMMISSIONS AND COMMITTEES TO BE RESIDENTS OF THE CITY January 17, 2006 CONSIDERATION OF AN ORDINANCE GENERALLY REQUIRING MEMBERS OF CITY COMMISSIONS AND COMMITTEES TO BE RESIDENTS OF THE CITY January 17, 2006 CONSIDERATION OF AN ORDINANCE GENERALLY REQUIRING MEMBERS OF CITY COMMISSIONS AND COMMITTEES TO BE RESIDENTS OF THE CITY

TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL

FROM: Carol Lynch, City Attorney

DATE: January 17, 2006

SUBJECT: CONSIDERATION OF AN ORDINANCE GENERALLY REQUIRING MEMBERS OF CITY COMMISSIONS AND COMMITTEES TO BE RESIDENTS OF THE CITY

RECOMMENDATION

Read Ordinance No. ____ “AN ORDINANCE OF THE CITY OF RANCHO PALOS VERDES GENERALLY REQUIRING THE MEMBERS OF CITY COMMISSIONS AND COMMITTEES TO BE RESIDENTS OF THE CITY OF RANCHO PALOS VERDES AND AMENDING THE RANCHO PALOS VERDES MUNICIPAL CODE” by title only, waive further reading, and introduce the ordinance.

BACKGROUND
In response to direction from the City Council at the last City Council meeting, the City Attorney’s office has prepared an ordinance that will generally require the members of City commissions and committees to be City residents. This issue was raised by former Mayor Clark, who was concerned that important policy decisions affecting the City should be made only by residents of the City. The City Council concurred that this was an important issue that should be addressed on a future City Council agenda.

DISCUSSION
The attached ordinance implements the City Council’s direction. The ordinance adds a new Chapter 2.22 to the Municipal Code to specifically impose the requirement that members of City Commissions and Committees be City residents.
However, as drafted, the Ordinance does not impose this requirement upon ex officio and non-voting members of a City commission or committee because City Staff, who frequently are not City residents, sometimes serve on a City commission or committee in an ex officio capacity. An example of this situation is the Disaster Council; the City Manager, as the director of emergency services, is an ex officio member of that City committee.
In addition, the proposed Ordinance also exempts members of the Geotechnical Board of Appeals, who are appointed by the City Council and are required to be geologists or geotechnical engineers, from the residency requirement. This seems prudent because City residency would severely limit the pool of geologists and geotechnical engineers who could serve on that Board.

CONCLUSION
If the City Council concurs with Staff’s recommendation, the City Council should read the attached Ordinance by title only, waive further reading, and introduce the Ordinance.

ALTERNATIVES
Rather than having a broad ordinance requiring the members of City committees and commissions, other than the Geologic Board of Appeals and ex officio members of City commissions and committees, to be City residents, the City Council could specify that this requirement would only apply to certain specified committees and commissions and list the affected bodies in the ordinance.
Respectfully submitted,
Carol Lynch, City Attorney

Reviewed by,
Les Evans, City Manager
Attachments:
Draft Ordinance

ORDINANCE NO. ____

AN ORDINANCE OF THE CITY OF RANCHO PALOS VERDES GENERALLY REQUIRING MEMBERS OF CITY COMMISSIONS AND COMMITTEES TO BE RESIDENTS OF THE CITY OF RANCHO PALOS VERDES AND AMENDING THE RANCHO PALOS VERDES MUNICIPAL CODE

THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES DOES ORDAIN AS FOLLOWS:

SECTION 1. Title 2 of the Rancho Palos Verdes Municipal Code is hereby amended by adding new Chapter 2.22 thereto to read as follows:

Chapter 2.22

Membership in City Commissions and Committees

Sections:
2.22.010 Purpose.
2.22.020 City residency required.
2.22.030 Exceptions.

2.22.010 Purpose.

Because City commissions and committees, who are appointed by the City Council, frequently make important policy decisions and recommendations to the City Council, it is important for the members of the City’s committees and commissions be residents of the City.

2.22.020 City residency required.

Except as expressly provided in this Chapter 2.22 or in another section of this code, all members of City commissions and committees who are appointed by the City Council shall be residents of the City of Rancho Palos Verdes. Any person who is a member of a City commission or committee and subsequently ceases to be a resident of the City shall immediately notify the Mayor and City Clerk of that fact. Except in a case of extreme hardship, said notice be given, in writing, within five business days of the date when the commissioner or committee member ceases to be a resident of the City.

2.22.030 Exceptions.

The residency requirement imposed by Section 2.22.020 shall not apply to: (a) members of the Geotechnical Board of Appeals; (b) an ex officio or non-voting member of any City commission or committee, and (c) to any commission or committee that has been expressly exempted from the residency requirement by another provision of this code.

PASSED, APPROVED AND ADOPTED this 17th day of January, 2006, by the following vote:

AYES:
NOES:
ABSENT

______________________________
MAYOR
ATTEST:

__________________________________
CITY CLERK

 

I, Carolynn Petru, HEREBY CERTIFY that the foregoing is true and correct copy of Ordinance No. _____ approved and adopted by the City Council of the City of Rancho Palos Verdes at a meeting thereof held on the 17th day of January, 2006.

__________________________________
CITY CLERK