Agenda #: 7.1
Meeting Date: March 7, 2023
TO: Honorable Mayor and Members of the City Council
FROM: Daniel Fox, City Manager
TITLE: ORDINANCE NO. 01 (2023) – AMENDING SECTIONS 2.32.040,
2.36.040, AND 2.40.040 OF THE DIAMOND BAR CITY CODE
REVISING THE TERMS OF OFFICE AND TIMELINE TO FILL
VACANCIES FOR CITY COMMISSIONS.
STRATEGIC
GOAL: Open, Engaged & Responsive Government
RECOMMENDATION:
Open the hearing to receive public comment, introduce first reading by title only, waive full reading of the Ordinance, and schedule for second reading and adoption at the next regularly scheduled City Council meeting.
FISCAL IMPACT:
No financial impact.
BACKGROUND:
The City Council has established the Parks & Recreation, Planning, and Traffic and Transportation Commissions. Each of these Commissions have five (5) members that are Diamond Bar residents. Each Council Member has the ability to appoint one (1) member to each Commission to serve a two-year term, subject to confirmation by a majority vote of the City Council. Each Council Member also has the ability to fill vacancies that may be created from their appointments during their term.
The Diamond Bar City Code establishes provisions for vacancies to be filled within 30 days. The Code also establishes the two-year term which commences March 1 of even-numbered years and ends the last day of February of even-numbered years.
In addition to minor revisions, the proposed code amendments would:
1. Increase the amount of time for a Council Member to make a new appointment to fill a vacancy from 30 days to 60 days. This provides a more realistic timeframe for advertising and soliciting Commissioner applications for consideration thereby promoting greater public participation and better accounting for the City Council bi-monthly meeting schedule to confirm such appointments.
2. Change the term of office for Commissioners from “even-numbered” to “oddnumbered” years to better align with and follow the current general municipal election schedule of the City Council. This improves the opportunity to advertise and solicit Commissioner applications for consideration thereby promoting greater public participation and allowing all Council Members, whether existing or newly elected, to make Commissioner appointments from the same pool of candidates at the same time. This also avoids the need to conduct additional advertising and a separate appointment process mid-term when a new Council Member is elected to the Council thereby promoting operational efficiencies.
ANALYSIS:
The proposed Ordinance would amend Sections 2.32.040, 2.36.040, and 2.40.040 of the Diamond Bar City Code related to the Parks and Recreation, Planning, and Traffic and Transportation Commission respectively. The proposed Ordinance, with changes highlighted in a redline/strikeout format, is included as Attachment 1. A complete copy of the current sections is included for reference in Attachment 2.
Each Council Member has the ability to appoint one (1) member to each Commission to serve a two-year term, subject to confirmation by a majority vote of the City Council. As part of that process, the City Clerk’s Office facilitates advertising and solicitation of applications from Diamond Bar residents that are interested in serving on the City Commissions. Once the application submittal deadline has closed, applications that have been received are forwarded to the Council Members for their consideration.
Each Council Member then provides the names of their appointment to the City Clerk, which are then presented to the full City Council for confirmation by the majority of the Council at a regular Council meeting.
The Commission appointment process has historically followed the City Council election schedule which was previously held in November of odd numbered years. In response to new state legislation at the time, beginning in November 2018, City Council elections were moved to coincide with the statewide general election date which is in November of even-numbered years. However, the Commission term of office schedule was not revised to reflect the change. This has resulted in the need for separate advertising and an additional recruitment process for Commissioner appointments mid-term when a new Council Member is elected to office.
Amendments to subsection (f) for each of the Commissions would keep the two-year term, but change the timing from “odd-numbered” to ”even-numbered” years. The change would better align the appointment process for all Council Members following the November elections in “even-numbered” years with the ability to make Commission appointments by the following February of “odd-numbered”. This would result in the term of office for the current Commissioners being extended by 12 additional months from February 2024 through February of 2025.
Amendment to subsection (b) for each of the Commissions would increase the amount of time for a Council Member to make a new appointment to fill a vacancy (other than from an expired term) from 30 days to 60 days. This provides a more realistic timeframe for advertising and soliciting Commissioner applications for consideration by a Council Member thereby promoting greater public participation and better accounting for the City Council bi-monthly meeting schedule to confirm such appointments.
Amendments to subsection (a) for each of the Commissions would clarify that the 30 days to fill a vacancy reference in this subsection would apply only to a term that has expired. The City Clerk’s Office typically begins soliciting applicants in late December/early January in years that the terms are scheduled to expire. This has provided ample time for the Council to make appointments prior to commencement of the new term on March 1. Should the Council as a whole need to consider making an appointment under this section, 30 days would be sufficient to consider the available pool of applicants and make such appointment at a regular Council meeting.
LEGAL REVIEW:
The City Attorney has reviewed and approved the Ordinance as to form.
PREPARED BY:
REVIEWED BY:
Attachments:
1. 7.1.a Ordinance 01 (2023) Commission Vacancies
2. 7.1.b DBMC EXISTING 2.32.040 - 2.36.040 - 2.40.040