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AGENDA BILL Agenda Item No. 5(E) Date: December 17, 2013 To: El Cerrito City Council From: Sky Woodruff, City Attorney Subject: Extension of Current Terms of Members of the Planning Commission and Design Review Board ACTION REQUESTED Adopt a resolution interpreting Section 2.04.220 of the El Cerrito Municipal Code to permit the extension of the terms of members of the Planning Commission and Design Review Board to maintain the full membership of those bodies during a gap period that will occur as a result of recent amendments to the Municipal Code. The resolution would also extend the terms of specific members of the Planning Commission and Design Review Board. BACKGROUND On December 3, 2013, the City Council adopted Ordinance No. 2013-06, which among other things, changed the beginning of terms for members of boards and commissions from January 1 to March 1. Those amendments will not go into effect until 30 days after adoption of the ordinance. At the time that the Council was considering the ordinance, it was anticipated that, as a result of some members’ terms expire on January 1, 2014, there would be a one-time gap before their or their successors’ new terms began on March 1, 2014. It has since come to staff’s attention that some development projects will be ready for review by the Planning Commission and Design Review Board during that gap period. Staff believes that the review process would benefit from full and experienced membership on both bodies. ANALYSIS Under Section 2.04.220 of the Municipal Code, in its current form, members of boards and commissions serve four-year terms starting on January 1. The Code outlines the process for appointing members of boards and commissions and their qualifications, among other things, and specifically notes that members serve at the pleasure of the City Council, which alludes to the power of the City Council to appoint and remove members. The Code does not expressly prohibit the Council from extending terms, and the City Attorney believes that it is within the Council’s authority to extend the term of a sitting member of a board or commission, particularly under the circumstances outlined above. It would nevertheless be appropriate for the Council to adopt a resolution stating its interpretation of the Code for the record. ---PAGE BREAK--- Agenda Item No. 5(E) The proposed resolution also states that the extension would be counted as part of the current term of the effected members of the Planning Commission and Design Review Board. Members of boards and commissions are limited to no more than two consecutive full terms under Section 2.04.~20(B)(2) of the Municipal Code. Thus, the extensions would have no effect on the ability of a member to seek appointment to another term. STRATEGIC PLAN CONSIDERATIONS Extension of the terms of the specified members of the Planning Commission and Design Review Board would further Goal A of the Strategic Plan ("Deliver exemplary government services") by ensuring the Planning Commission and Design Review Board have full membership during consideration of important development applications. FINANCIAL CONSIDERATIONS The proposed resolution has no financial impacts. LEGAL CONSIDERATIONS As noted above, the City Attorney believes that the proposed interpretation and extension of the terms of the specified members of the Planning Commission and Design Review Board is allowable under the Municipal Code. Scott Hanin, City Manager Attachments: 1. Resolution Page2 ---PAGE BREAK--- Agenda Item No. 5(E) Attachment 1 1 RESOLUTION 2013–XX RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL CERRITO INTERPRETING SECTION 2.04.220 OF THE EL CERRITO MUNICIPAL CODE TO PERMIT THE EXTENSION OF THE TERMS OF MEMBERS OF THE PLANNING COMMISSION AND DESIGN REVIEW BOARD TO MAINTAIN THE FULL MEMBERSHIP OF THOSE BODIES DURING A GAP PERIOD THAT WILL OCCUR AS A RESULT OF RECENT AMENDMENTS TO THE MUNICIPAL CODE WHEREAS, on December 3, 2013, the City Council adopted Ordinance No. 2013-06, which among other things, changed the beginning of terms for members of boards and commissions from January 1 to March 1. Those amendments will not go into effect until 30 days after adoption of the ordinance; and WHEREAS, at the time that the Council was considering the ordinance, it was anticipated that, as a result of some members’ terms expiring on January 1, 2014, there would be a one-time gap before their or their successors’ new terms began on March 1, 2014. It has since come to the Council’s attention that some development projects will be ready for review by the Planning Commission and Design Review Board during that gap period. The Council believes that the review process would benefit from full and experienced membership on both bodies; and WHEREAS, under Section 2.04.220 of the Municipal Code, in its current form, members of boards and commissions serve four-year terms starting on January 1. The Municipal Code outlines the process for appointing members of boards and commissions and their qualifications, among other things, and specifically notes that members serve at the pleasure of the City Council, which alludes to the power of the City Council to appoint and remove members; and WHEREAS, the Municipal Code does not expressly prohibit the City Council from extending terms, and the City Council believes that it is within the Council’s authority to extend the term of a sitting member of a board or commission, particularly under the circumstances outlined herein. The City Council therefore adopts this resolution stating its interpretation of the Code for the record. NOW THEREFORE, BE IT RESOLVED by the City Council of the City of El Cerrito that it hereby interprets Section 2.04.220 of the Municipal Code to permit the short-term extension of the term of a sitting member of a board or commission (“advisory body”) under unusual circumstances to ensure the full membership of an advisory body during a period when an advisory body otherwise would not have full membership and is likely to consider significant matters. BE IT FURTHER RESOLVED, that the terms of Planning Commissioners Ken Hirano and Lisa Motoyama and Design Review Board Members Cassandra Adams and Maggie Leighly, which would otherwise expire on January 1, 2014, are hereby extended until March 1, 2014. The approved extensions shall be counted as part of their current ---PAGE BREAK--- Agenda Item No. 5(E) Attachment 1 2 terms, such that their ability to serve additional terms under Section 2.04.220(B)(2) of the Municipal Code shall not be affected. BE IT FURTHER RESOLVED, that this Resolution shall become effective immediately upon passage and adoption. I CERTIFY that at a regular meeting on December 18, 2013, the City Council of the City of El Cerrito passed this Resolution by the following vote: AYES: NOES: ABSENT: ABSTAIN: IN WITNESS of this action, I sign this document and affix the corporate seal of the City of El Cerrito on December__________, 2013. Cheryl Morse, City Clerk APPROVED: Janet Abelson, Mayor