Document elcerrito_gov_doc_802377b0c4

AGENDA BILL Agenda Item No. 7(B) Date: November 19, 2013 To: El Cerrito City Council From: Cheryl Morse, City Clerk Karen Pinkos, Assistant City Manager Sky Woodruff, City Attorney Subject: Boards, Commissions and Committees Revisions ACTIONS REQUESTED Based on direction received from the City Council on October 15, 2013, the City Council Subcommittee on Commission Rules Revisions seeks additional discussion, direction and action this evening on regulations regarding quorums and the minimum number of members required to take action on the City’s Boards, Commissions and Committees and proposes adoption of the following legislation: 1) Introduce by title, waive any further reading, and approve an ordinance amending Section 2.04.220 of the El Cerrito Municipal Code – Boards, Commissions and Committees and repealing Section 2.04.290 Economic Development Board; 2) Adopt a resolution establishing an Economic Development Committee; 3) Adopt a resolution revising the policy regarding Council and staff relations with City Commissions, Boards, Committees and Task Forces by modifying the role and reporting frequency of the Council Liaison; and 4) Adopt a resolution establishing a policy regarding appropriate positions to receive ethics training pursuant to Government Code Section 53235. The City Council now designates that each member of the Arts and Culture Commission, Design Review Board, Financial Advisory Board, Parks and Recreation Commission and Planning Commission shall be required to complete AB 1234 Ethics Training. BACKGROUND At the City Council meeting of October 15, 2013, the subcommittee of Mayor Lyman and Councilmember Friedman led a study session of the City Council to discuss various ideas and recommendations based on their review of Boards, Commissions and Committees. The Council provided direction on several items that require changes to the El Cerrito Municipal Code (ECMC) as well as new legislation to incorporate the revisions proposed at that meeting. City staff and the City Attorney prepared the attached ordinance and resolutions for the City Council’s consideration. The subcommittee recommendations included other items that required further Council discussion, including the definition of a quorum and determination of conflict of interest regarding simultaneous service and members of the same household serving on Advisory Bodies. Staff and the City Attorney have worked with the subcommittee to develop options for the Council to consider on these items. ---PAGE BREAK--- Agenda Item No. 7(B) Page 2 ANALYSIS The attached legislation reflects the direction of the City Council on the items that were agreed upon by the Council at the October 15, 2013 meeting. These include: • An ordinance amending Section 2.04 of the ECMC that includes the language regarding the service of City Boards, Commissions and Committees as directed by the Council, changes the date of terms from January 1 to March 1 for all new appointments, changes the timeframe for officer elections from January to April, limits the term of Chair of Advisory Bodies to two consecutive years, and repeals Section 2.04.290, “Economic Development Board” in its entirety. • A resolution establishing the Economic Development Committee, which shall take the place of the Economic Development Board, effectively transitioning the Board to a Committee structure. • A resolution that updates the City Council Policy on Advisory Bodies, incorporating the elements discussed by the Council regarding efficient and appropriate communications, defining the role of the Council Liaison, and affirming the Staff Liaison’s role. • A resolution establishing that members of the Arts and Culture Commission, the Design Review Board, the Financial Advisory Board, Parks and Recreation Commission, and the Planning Commission shall be required to complete AB 1234 Ethics training. Quorum The City Council discussed problems arising from the lack of quorum and discussed options for defining a quorum. As stated in the minutes of the October 15, 2013 meeting, the Council distinguished between whether a quorum could differ in terms of the number of Advisory Body members needed to meet versus the number needed to take action. Staff consulted with the City Attorney, who provided language for the subcommittee to consider how a quorum is reached for Boards and Commissions, with additional language specifically addressing Committees. Quorums for Committees are suggested to be handled separately because of the requirement for potential candidates for Committees to have attended meetings of the Committee before they are considered for membership. The subcommittee reviewed the language suggested by the City Attorney and recommends the following: Board and Commission Quorum Requirements: The requirement for a quorum for the purposes of holding a meeting for Boards and Commissions would consist of a simple majority of those currently serving as members. To take action at a meeting, the action must be passed by a simple majority of the quorum present. However, there are exceptions for the Planning Commission and Design Review Board. For those two Advisory Bodies, holding a meeting requires a simple majority of those currently serving but no less than three members present, and taking action at a meeting is a simple majority of those present but no less than three members. The draft language, as suggested by the City Attorney, is as follows: Quorum. For boards and commissions, a quorum for the purpose of holding a meeting shall consist of a simple majority of the members then serving. A board or commission ---PAGE BREAK--- Agenda Item No. 7(B) Page 3 may act by an affirmative vote of a simple majority of a quorum. Notwithstanding the foregoing, a quorum for the purposes of holding a meeting of the Planning Commission and Design Review Board shall consist of a simple majority of the members then serving, but not fewer than three members. Further, the Planning Commission or Design Review Board may act by an affirmative vote of a simple majority of a quorum, but not less than three affirmative votes shall be required. Committee Quorum Requirements: A quorum for holding a meeting would be a simple majority of members currently serving on a Committee, but allows for a minimum of two members to be able to conduct a meeting. In order to take any action, at least three members must be currently serving and present at the meeting. The draft language, as suggested by the City Attorney, is as follows: For committees, a quorum for the purpose of holding a meeting shall consist of a simple majority of the members then serving. Two members may conduct a meeting for the purpose of doing the work of a committee and allowing persons interested in becoming members to attend. Formal action of a committee shall require at least three members to be present at a meeting and a simple majority of affirmative votes of a quorum. Because quorum is currently defined in ECMC Section 2.04.220.B.5, this section would need to be revised should the City Council choose to move forward with the subcommittee’s recommendation. Staff has incorporated the suggested language within the ordinance in Attachment 1 for the Council’s consideration. Conflict of Interest The City Council also discussed at the October 15 study session whether it is currently a conflict of interest for residents of the same household (living at the same address) to serve on the same Advisory Body. There is no statutory or directly applicable judicial authority regulating the City’s authority to restrict membership in City boards and commissions by virtue of residential address. However, one California case has addressed a city’s authority to restrict membership in city commissions based on martial relationships. In Kimura v. Roberts (1979) 89 Cal.App.3d 871 the city of Woodland City Council voted to remove Marcia Kimura from that city’s planning commission after her husband was elected to the City Council. Ms. Kimura sued the city, seeking reinstatement and arguing that her removal violated her constitutional right to be married and to hold public office simultaneously. The lower court agreed with her argument, but the court of appeal saw no legitimate constitutional issue. First the court correctly noted that planning commissioners serve at the pleasure of the appointing power and can be removed for any reason or no reason at all, so long as the reason for removal (if there is a reason) is not unconstitutional. Although the court agreed that removing her from office solely because of marriage would have been unconstitutional. However, the court found that she was not removed because she was married but instead because of the act of her husband running for city council and the fact that he won that election. The court further explained that it found: ---PAGE BREAK--- Agenda Item No. 7(B) Page 4 “there is no doubt that either an actual bias or conflict of interest, or the appearance thereof, would or could at times be present. An analogy exists in connection with the courts, where the law deems it necessary to prevent bias, conflicts of interest, or the appearance of either. … Such rules have been categorized by the courts as necessary not only to guard actual impartiality but also to insure public confidence. … A planning commissioner and a council member (with review powers) married to each other can conceivably raise a substantial question of fairness and bias, prejudice or influence in the vital county planning processes, obvious enough to have an effect on public confidence in such processes. As amply demonstrated by the record, the ‘finding’ of the trial court that no ‘conflict’ arose from the relationship between the two officeholders misses the mark. On the other hand, the finding of the mayor and the city council that an actual or implied conflict of interest existed, is eminently rational, practical and legally sound in light of the record.” (Kimura, p. 875) The City Attorney believes that the Council may reasonably and justifiably determine that cohabitating members of advisory bodies, whether in a familial, roommate or intimate relationship, could potentially present the same level of concern and the appearance of conflict of interest, unfairness, bias, prejudice or influence as that found by the Kimura court to justify the removal of a Planning Commissioner after her husband was elected to the city council. Because such concerns were held to justify the removal of a sitting commissioner, they would similarly justify non-appointment or disqualification from appointment to a City board, commission, or committee in the first instance, especially where one of the advisory bodies at issue is subject to review or supervision by the other or where the two commissions share jurisdiction over the subject matter with which each is concerned. In sum, a City Council Policy could be created that states that people residing at the same address may not serve on the Council and an advisory body, the same advisory body, or advisory bodies with overlapping subject-matter jurisdiction Design Review Board and the Planning Commission or Tree Committee and Planning Commission). The subcommittee reviewed the City Attorney’s research and agreed that it would be prudent to include a provision regarding the appearance of bias on Advisory Bodies within the City Council Policy as presented in Attachment 4. Staff has incorporated this language for the Council’s consideration. LEGAL CONSIDERATIONS The revisions to the El Cerrito Municipal Code, as well as the proposed resolutions, have been reviewed by the City Attorney. The repeal of ECMC 2.04.290 is necessary for the Council to change the structure of the Economic Development Board to that of a Committee. ---PAGE BREAK--- Agenda Item No. 7(8) Reviewed by: Scott Hanin, City Manager Attachments: 1. Ordinance amending ECMC Section 2.04.220 and repealing ECMC Section 2.04.290 2. Resolution establishing an Economic Development Committee 3. Resolution establishing Ethics Training for specified Boards and Commissions 4. Resolution revising City Council Policy on Advisory Bodies Page 5 ---PAGE BREAK--- Agenda Item No. 7(B) Attachment 1 1 ORDINANCE NO. 2013–XX AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF EL CERRITO AMENDING SECTION 2.04 OF THE EL CERRITO MUNICIPAL CODE, BOARDS, COMMISSIONS AND COMMITTEES The City Council of the City of El Cerrito hereby ordains as follows: SECTION 1. Section 2.04.220 of Title 2 of the El Cerrito Municipal Code is hereby amended to read as follows: 2.04.220 Boards, commissions and committees. A. Boards, commissions and committees are appointed by the council to advise and to perform any duties determined by the council in one or more aspects of city government. City boards, commissions and committees are intended to provide a valuable service to the community by providing in-depth advice to the City Council on a variety of topics and assume some of the workload from Council to research issues or gather public input. Except as otherwise provided in state law, boards and commissions are directly responsible to the council and fill quasi-judicial roles. Commissions are made up of lay citizens, while boards are residents with special expertise. Committees sponsored by the city are intended to be working groups, do not fill quasi-judicial roles, and are established by council resolution. Appointment to boards and commissions shall be made only after: 1. Advertisement of the open position in a local paper; 2. Public interviews of selected applicants for the positions; 3. Appointment by a majority of the council. B. Unless determined elsewhere in law, the boards and commissions shall be governed by or meet the following criteria: 1. Membership. The boards and commissions shall consist of seven members each, who shall be residents of the city, unless otherwise provided in this chapter or otherwise prescribed by state law or the ordinance or resolution establishing the board or commission or committee to represent a specified organization, agency, group, category or profession. A “member” shall be defined as a voting member of any board, commission or committee established by the City Council, notwithstanding the manner in which such voting member is appointed. 2. Appointments. The members shall be appointed by majority vote of the council. Members shall not be reappointed to the same board or commission for more than two consecutive full terms. 3. Term. Terms are four years, commencing on January March 1st unless a member is removed from office pursuant to the provisions of subsection of this ---PAGE BREAK--- Agenda Item No. 7(B) Attachment 1 2 section. Members appointed prior to March 1, 2014 with terms that commenced on January 1 will conclude their terms on January 1. The membership shall be divided into to achieve temporal distribution of terms. four, approximately equal groups, appointed in consecutive years. If a board member or commissioner fails to complete the term, the council appointment shall be for the remainder of the uncompleted term. Members are not eligible to serve on the same board or commission if they have served two consecutive full four-year terms. 4. Removal of Members. a. Members of boards and commissions serve at the pleasure of the Council and may be removed by a majority vote of the entire council. It shall be presumed that any member who is absent for three consecutive regularly scheduled meetings without cause, or half the regular meetings in a calendar year, or who resides outside the city, has resigned. The staff liaison shall notify the City Clerk of a vacancy within five days after the staff liaison has determined that the vacancy exists. Within one week after receiving such notice from the commission staff liaison, the City Clerk shall notify any member whose appointment has automatically terminated and report to the Council that a vacancy exists and that an appointment should be made to fill the vacancy. b. An absence shall be considered excused if either: the member informs the staff liaison of his/her intended absence at least 24 hours prior to the scheduled time of the meeting, ; or such absence is due to unforeseeable and unavoidable circumstances and reported and explained in writing to the staff liaison prior to the next meeting of the board or commission. Excused absences for medical reasons shall not exceed a period of 120 calendar days. c. Nothing contained in this section shall be deemed to limit the power of the City Council to remove any member of any City board, commission or committee at any time, with or without cause. 5. Quorum. A quorum of the board or commission shall consist of a simple majority of the appointed members. a. For boards and commissions, a quorum for the purpose of holding a meeting shall consist of a simple majority of the members then serving. A board or commission may act by an affirmative vote of a simple majority of a quorum. Notwithstanding the foregoing, a quorum for the purposes of holding a meeting of the Planning Commission and Design Review Board shall consist of a simple majority of the members then serving, but not fewer than three members. Further, the Planning Commission or Design Review Board may act by an affirmative vote of a simple majority of a quorum, but not less than three affirmative votes shall be required. b. For committees, a quorum for the purpose of holding a meeting shall consist of a simple majority of the members then serving. Two members may conduct a meeting for the purpose of doing the work of a committee and ---PAGE BREAK--- Agenda Item No. 7(B) Attachment 1 3 allowing persons interested in becoming members to attend. Formal action of a committee shall require at least three members to be present at a meeting and a simple majority of affirmative votes of a quorum. 6. Officers. At the first meeting of each calendar year, the board or commission shall select its officersThe annual election of officers should occur during the month of April. These Officers shall be selected by a majority of the commission for a one-year term and consist of a chairperson (chair) and a vice chairperson. .No boardmember, commissioner or committee member shall serve as chairperson for more than two consecutive years. 7. Conduct of Business. The conduct of board or commission business shall be by Sturgis Standard Code of Parliamentary Procedure, or by rules of procedure adopted by the board or commission. Failure to follow the applicable rules of procedure shall not invalidate an otherwise valid action of a board or commission. 8. Minutes. The staff liaison of the board or commission shall cause minutes to be prepared for the membership and presented at the following meeting for approval by the board or commission. Minutes shall be posted on the city’s website within ten days of the board or commission’s approval. 9. Staff assistance. The city staff shall provide appropriate notice to the members of the agenda for each meeting, and shall provide to the members the draft minutes of the previous meeting for their approval. Each board or commission shall have access to all information possessed by the city concerning its agenda items. The City Manager will provide for staff assistance at the meetings of the various boards and commissions. 10. Meetings. Unless otherwise provided, the boards and commissions shall meet at least on a regularly scheduled basis, in a public meeting room and shall be subject to the Ralph M. Brown Act, Government Code Section 54950 et seq. C. Committees shall be governed by the same criteria as boards and commissions unless otherwise prescribed by council resolution. SECTION 2. Section 2.04.290 “Economic Development Board”: of Title 2 of the El Cerrito Municipal Code is hereby repealed in its entirety. Members of the Economic Development Board at the time that this ordinance becomes effective shall be members of the Economic Development Committee, and their terms shall be set by the resolution establishing the Economic Development Committee. 2.04.290 Economic Development Board. A. There shall be an economic development board consisting of seven members who shall be either residents of the city or own or operate businesses in the city. Persons appointed because of the ownership or operation of businesses in the city do not have ---PAGE BREAK--- Agenda Item No. 7(B) Attachment 1 4 to be city residents. The economic development board shall have the powers and duties stated below, and such others as the council shall decide: 1. To advise the council on economic development matters, including budget, staffing levels, policies, selection criteria, project financial feasibility and suitability and investment of resources into proposed projects; 2. To make recommendations on the annual economic development work plan, including its priorities and evaluation measures; 3. To oversee the work of subcommittees established to concentrate on creating plans for high-priority areas; 4. To provide input to other city boards and commissions on economic development matters; 5. To review progress toward achieving the annual work plan goals and long range economic development goals; 6. To encourage community involvement in economic development; and 7. With the advice and consent of the city council, to form a resource council of business and community members who are available to provide assistance on an ad hoc basis. B. It is essential that this economic development board contain persons who are business owners and operators in the city based both on the expertise of such persons on economic development matters and because such persons will best represent the interests of other business owners and operators in the city. As a result, the economic development board shall contain at least two members who are business owners and operators, one of whom shall be the president of the El Cerrito Chamber of Commerce or his or her designee, in order that business interests are adequately represented on the board. The president of the Chamber of Commerce or his or her designee shall remain a member of the board during his or her tenure as chamber president and upon the installation of a new president, that person or his or her designee shall succeed to membership on the board. Pursuant to Section 18707.4 of the Rules and Regulations promulgated by the Fair Political Practices Commission, as amended, the ownership or operation of business interests by members of the economic development commission shall not be deemed a disqualifying material financial interest for conflict of interest purposes. C. Terms for Initial Members. In order to achieve the requirements of Section 2.04.220B3 of the municipal code, that membership be divided into four approximately equal groups, appointed in consecutive years, the council shall appoint some of the new members of the economic development board to less than four-year ---PAGE BREAK--- Agenda Item No. 7(B) Attachment 1 5 terms in order to provide for a staggered system of appointments for future board members. D. The board shall hold regular business meetings no less than quarterly, with the minimum attendance of such being no less than three in one calendar year. Additional "on-call" special meetings may be called that are project specific, and can be called by the staff liaison in conjunction with the chair, with the attendance requirement for these "on-call" meetings being that no member shall miss more than three of these meetings in a calendar year. SECTION 3. If any section, subsection, sentence, clause or phrase or word of this ordinance is for any reason held to be unconstitutional, unlawful or otherwise invalid by a court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. The City hereby declares that it would have passed and adopted this ordinance and each and all provisions thereof irrespective of the fact that any one or more of said provisions be declared unconstitutional, unlawful or otherwise invalid. SECTION 4. This Ordinance shall take effect and be enforced thirty (30) days after the date of its adoption, and prior to the expiration of fifteen days from the passage thereof, the ordinance or a summary thereof shall be posted or published as may be required by law, and thereafter the same shall be in full force and effect. First read at a regular meeting of the City Council on the 19th day of November, 2013, and passed by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: Adopted and ordered published at a regular meeting of the City Council held on the 2013, and passed by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: APPROVED: Gregory B. Lyman, Mayor ---PAGE BREAK--- Agenda Item No. 7(B) Attachment 1 6 ATTEST: Cheryl Morse, City Clerk I, Cheryl Morse, City Clerk of the City of El Cerrito, do hereby certify that this Ordinance is the true and correct original Ordinance No. 2013–XX of the City of El Cerrito; that said Ordinance was duly enacted and adopted by the City Council of the City of El Cerrito at a meeting of the City Council held on the 2013; and that said Ordinance has been published and/or posted in the manner required by law. WITNESS my hand and the Official Seal of the City of El Cerrito, California, this day of , 2013. ---PAGE BREAK--- Agenda Item No. 7(B) Attachment 2 RESOLUTION 2013-XX RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL CERRITO CREATING THE EL CERRITO ECONOMIC DEVELOPMENT COMMITTEE WHEREAS, in 2000, the City’s Economic Development Board was created to review the City’s economic development matters including budget, staffing, policies and project feasibility, recommend annual work plans to the City Council, encourage community involvement in economic development matters, and serve as a resource council of business and community members on matters of economic development; and WHEREAS, in 2005 and 2007, the City Council, as part of a review of all City Boards, Commissions and Committees, affirmed the mission of the Economic Development Board while making revisions to membership criteria and meeting frequency; and WHEREAS, in 2013 the City Council conducted another review of City Boards, Commissions and Committees and indicated that with the demise of the Redevelopment Agency and the focus on economic development that arose through the City Council’s Strategic Plan process, the current role, duties and configuration of the Economic Development Board could be better focused as a working group as opposed to a sitting board; and. WHEREAS, during this review the City Council determined that a Committee structure would allow the members to be able to be utilized better as a working group that would build upon and assist City staff’s efforts in Economic Development, would allow for more flexibility in its mission and duties, and would have the ability to increase the number of members from the current maximum of 7 members to 15. NOW THEREFORE, BE IT RESOLVED that the City Council of the City of El Cerrito hereby establishes an Economic Development Committee, with the necessary staff liaison assigned by the City Manager, with the following duties and responsibilities: 1) To advise the council on economic development matters, including budget, staffing levels, policies, selection criteria, project financial feasibility and suitability and investment of resources into proposed projects; 2) To make recommendations on the annual economic development work plan, including its priorities and evaluation measures; 3) To oversee the work of subcommittees established to concentrate on creating plans for high- priority areas: 4) To provide input to other city boards and commissions on economic development matters; 5) To review progress toward achieving the annual work plan goals and long range economic development goals; 6) To encourage community involvement in economic development; and ---PAGE BREAK--- Agenda Item No. 7(B) Attachment 2 7) With the advice and consent of the city council, perform as a resource council of business and community members who are available to provide assistance on an ad hoc basis. BE IT FURTHER RESOLVED, that this Committee shall meet and will be open to all El Cerrito residents and business owners with knowledge of, concern about, and/or participation in issues affecting the City’s economic development. Persons appointed because of the ownership or operation of businesses in the City do not have to be City residents. BE IT FURTHER RESOLVED, that one position on this Committee shall be reserved for the president of the El Cerrito Chamber of Commerce or his or her designee, in order that business interests are adequately represented on the Committee. The president of the El Cerrito Chamber of Commerce or his or her designee shall remain a member of the Committee during his or her tenure as Chamber president and upon the installation of a new president, that person or his or her designee shall succeed to membership on the Committee. BE IT FURTHER RESOLVED, that the terms for members of this Committee are four years, commencing on January 1st unless a member is removed from office pursuant to Section 2.04.220 of the El Cerrito Municipal Code, with the membership being divided into equal groups appointed in consecutive years. Members serve at the pleasure of the City Council and may be removed by a majority of the City Council. BE IT FURTHER RESOLVED, that all current members of the former Economic Development Board as of the date of this resolution are hereby considered charter members of this Economic Development Committee, and that their current term status will be honored. BE IT FURTHER RESOLVED, that this Resolution shall become effective immediately upon passage and adoption. I CERTIFY that at a regular meeting on November 19, 2013 the City Council of the City of El Cerrito passed this Resolution by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: IN WITNESS of this action, I sign this document and affix the corporate seal of the City of El Cerrito on November XX, 2013. Cheryl Morse, City Clerk APPROVED: Gregory B. Lyman, Mayor ---PAGE BREAK--- Agenda Item No. 7(B) Attachment 3 RESOLUTION NO. 2013–XX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL CERRITO ESTABLISHING A POLICY REGARDING APPROPRIATE POSTIONS TO RECEIVE ETHICS TRAINING PURSUANT TO GOVERNMENT CODE SECTION 53235 WHEREAS, the California Legislature enacted Government Code Section 53234 et seq. requiring, in part, that certain local agency officials receive training in specified laws relating to local government; and WHEREAS, the El Cerrito City Council receives the training and may designate other local agency officials to receive the training; and WHEREAS, ethics training covers but is not limited to general ethics principles and ethics laws relevant to public service, conflict- of-interest gift and travel restrictions, prohibitions against the use of public resources for personal or political purposes, government transparency laws and laws relating to due process requirements; and WHEREAS, the City Council finds that it will benefit the City of El Cerrito to require appointed Commissioners and Board Members to receive training in specified laws relating to local government and service as a local agency official. NOW THEREFORE, BE IT RESOLVED that the City Council of the City of El Cerrito designates each member of the Arts and Culture Commission, Design Review Board, Financial Advisory Board, Parks and Recreation Commission, and Planning Commission to receive training pursuant to the requirements of Government Code section 53234 et seq. and provide the original proof of participation certificate to the City Clerk upon completion. BE IT FURTHER RESOLVED that this resolution shall become effective January 1, 2014. I CERTIFY that at a regular meeting on November 2013, the El Cerrito City Council passed this resolution by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: IN WITNESS of this action, I sign this document and affix the corporate seal of the City of El Cerrito on November 2013. Cheryl Morse, City Clerk Approved: Gregory B. Lyman, Mayor ---PAGE BREAK--- Agenda Item No. 7(B) Attachment 4 RESOLUTION 2013–XX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL CERRITO REVISING A POLICY REGARDING COUNCIL AND STAFF RELATIONS WITH CITY COMMISSIONS, BOARDS, COMMITTEES AND TASK FORCES WHEREAS, the City Council approved a policy on October 21, 1991 which provided guidelines for Council and staff relations with city commissions, boards, committees and task forces; and WHEREAS, the City Council discussed the role and functions of the Council Liaison role at its October 15, 2013 meeting including ways to facilitate communication between the Council and the Boards, Commissions and Committees, due process concerns and the possibility of inadvertently influencing the decision making process; and WHEREAS, the City Council deems it necessary to update the 1991 policy to include language regarding the individual rights of Councilmembers, Council Liaison assignments, and efficient communications. NOW THEREFORE, BE IT RESOLVED that the City Council of the City of El Cerrito establishes the following policy regarding City Councilmember and staff relations with city commissions, boards, committees and task forces: SECTION 1. CITY COUNCIL A. A Councilmember will be assigned as liaison to each city commission, board, committee and task force (Advisory Body). Making liaison assignments is one of the first orders of business for the Mayor when a new City Council is organized each year. With the exception of the Committee on Aging, for which the Mayor may make a continuing appointment, Council Liaison (Liaison) assignments must rotate among all Councilmembers on an annual basis to ensure that Liaisons are not regarded as a regular member of any one Advisory Body, and allow each Councilmember an opportunity to experience a different Advisory Body. B. The City Council recommends and expects each Councilmember assigned as a liaison to an Advisory Body to deliver a quarterly report to the Advisory Body at the beginning of the meeting and either leave or remove themselves to the audience and not participate in the meeting after the report. It is the policy of the City Council that a Liaison is not expected to attend the meetings of the Advisory Body to which the Liaison is assigned more often than once quarterly. C. The Liaison will inform the Advisory Body about Council policies, priorities and significant actions taken by the Council. The Liaison represents the City Council as a whole when addressing the Advisory Body during the Liaison report. D. Although Councilmembers do not give up their first amendment rights when they are elected and can speak on an issue as an individual, they need to understand that if they express a view on an item that they are interested in that is potentially appealable or will come to the entire Council for review, they may be precluded from participating in the issue when it ---PAGE BREAK--- 2 comes before the Council for a decision. It is critically important to avoid both the substance and the appearance of having pre-judged an issue which may later come before the Council for deliberation. E. Due to the quasi-judicial or deliberative nature of the following Advisory Bodies, Liaisons to the Arts and Culture Commission, Design Review Board, Financial Advisory Board, Parks and Recreation Commission and Planning Commission are expected to leave the room after their report is delivered. F. To avoid any possibility of the appearance of or actual conflict of interest, unfairness, bias, prejudice or influence, individuals residing at the same address cannot serve on the Council and an advisory body, the same advisory body, or advisory bodies with overlapping subject-matter jurisdiction. SECTION 2. CITY STAFF A. A staff liaison is assigned to each Advisory Body. The staff role is: 1. Preparing agendas and noticing meetings and hearings in conjunction with the Advisory Body Chair and posting agendas to the City’s website; 2. Arrange for accommodations for disabled Advisory Body members and the public; 3. Taking and transcribing action minutes and posting approved minutes to the City’s website; 4. Providing information related to Advisory Body business to Advisory Body members and the public upon request; 5. Preparing reports, including reports for the Council’s consideration; and 6. Relaying reports and other information to the City Council at the request of the Advisory Body. B. The City Council may also ask staff to relay information to an Advisory Body. The staff role is generally limited to these specific activities and any other activities defined by the City Manager as outlined in Administrative Policy and Procedure I CERTIFY that at a regular meeting on November, 2013, the El Cerrito City Council passed this resolution by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ---PAGE BREAK--- 3 IN WITNESS of this action, I sign this document and affix the corporate seal of the City of El Cerrito on November 2013. Cheryl Morse, City Clerk APPROVED: Gregory B. Lyman, Mayor