CITY OF LAGUNA NIGUEL
CITY COUNCIL AGENDA ITEM
To: Honorable Mayor and Council Members
FROM: Justin J. Martin, Deputy City Manager
DATE: January 18, 2022
SUBJECT: Introduction of Ordinance No. 2022-212, Amending the Laguna Niguel Municipal Code Related to the Military Support Committee
RECOMMENDATION
The Military Support Committee Co-Chairs (Mayor Pro Tem Rains and Council Member Sharma) recommend that the City Council:
1. Waive full reading, make any amendments to, and introduce Ordinance No. 2022-212 by title:
ORDINANCE NO. 2022-212
AN ORDINANCE OF THE CITY OF
LAGUNA NIGUEL AMENDING VARIOUS PROVISIONS OF
THE LAGUNA NIGUEL MUNICIPAL CODE RELATING TO THE
MILITARY SUPPORT COMMITTEE, INCLUDING
PROVISIONS TO ESTABLISH THE POSITION OF AN
HONORARY VOLUNTEER MEMBER, ESTABLISHING TERM
LIMITS, REVISING PROVISIONS FOR EX OFFICIO
MEMBERS, REVISING THE DUTIES OF THE COMMITTEE,
AND MAKING A FINDING OF EXEMPTION UNDER CEQA IN
CONNECTION THEREWITH
2. Direct that the proposed Ordinance, with any changes to it, be placed on the agenda for the February 1, 2022 City Council meeting and adopt the Ordinance at that meeting.
BACKGROUND
By way of background, the Military Support Committee was established to sustain and enhance the adoptive relationship between the City of Laguna Niguel and selected military units.
2 The Committee consists of 20 members including two City Council Members who serve as Co-Chairs. The two City Council Member Co-Chairs are the sole appointees of the remaining Committee members except for certain ex officio members. The Committee has established several Ad-Hoc Committees to help carry out the duties and responsibilities of the Committee.
On February 18, 2020, the City Council adopted Ordinance 2020-203, Amending the Laguna Niguel Municipal Code Provisions on City Commissions, Boards and Committees, which includes the Military Support Committee. Amendments specific to the Military Support Committee included updating the procedure pertaining to the removal of Committee members by the Co-chairs of the Committee.
At the request of Mayor Pro Tem Rains and Council Member Sharma, City staff has prepared this report and an ordinance, Ordinance No. 2022-212 (Attachment A), to make further recommended amendments to the provisions on City Commissions, Boards and Committees; specifically, to amend Title 2, Article 3 (Military Support Committee).
The Co-chairs of the Military Support Committee, Mayor Pro Tem Rains and Council member Sharma, made a request of the City Manager on December 6, 2021, that the following amendments be included on the City Council agenda:
• Add a section pertaining to the creation of the position of 'Honorary Military Support Committee Volunteer Member;
• Amend section 2-3-7 (Term Limits), adding a maximum term limit of a total of six (6) years, in line with other City Commissions and Committees, (excluding the IB&A Committee and the Youth Committee); add to add clarifying language regarding retroactivity of terms for committee members serving previous and current terms;
• Amend Section 2-3-22 (Ex officio members) by updating language to reduce the number of potential Ex-officio members of the Military Support Committee appointed by the Military Support Foundation; and to both add and clean-up language related to past, current and future adoptive military units; and, • Amend Section 2-3-23 (Duties of Committee) to clean-up language related to past, current and future adoptive military units.
ANALYSIS
Honorary Military Support Committee Volunteer Member
The addition of a new section, 2-3-23, is recommended to create the position of 'Honorary Military Support Committee Volunteer Member'. The Laguna Niguel Military Support Committee is the most active committee within our City. On some occasions, following years of service, we have seen changes in personal lives, capacity, and time constraints that have limited our volunteers' ability to continue commitments at level(s) a full Committee Member appointment necessitates.
3 The rationale behind this request it to create transitional volunteer opportunities for current or past Military Support Committee members whose appointment has ended, yet still have a desire to assist as a volunteer at official Military Support Committee events and programs. This would enable 'Honorary Voluntary Members' to be involved without the required commitments and responsibilities that accompany voting 'Committee Member' appointments.
The recommended criteria to be eligible to be an Honorary Member is:
• Need to have served on the Military Support Committee at-large for a total of at least 4 years, and at least 2 years as a sub committee chair; • Need to have been a member of the committee in good standing, including having followed the Military Support Committee Guidelines; and, • Need to have been an exemplary participant/fundraiser during their time on the committee.
Additionally:
• Appointment is made collectively by the co-chairs, by interview and invitation. • Individuals who have served in the past or currently serving in a Committee Member position and having met the aforementioned criteria may be eligible. • Term: Maximum of 8 years comprising of two 4-year terms. • The maximum number of Honorary Members shall be 10.
• Honorary members are not voting members of the Military Support Committee, and as such, do not have the same attendance and participation requirements as voting members.
• Honorary members may not concurrently serve as an ex officio member or voting at-large member.
Term Limits
At current there is no maximum term limit set for members of the Military Support Committee. A recommendation is being made to set a maximum term limit of six (6) years for members of the Military Support Committee, in line with other Commissions and Committees (excluding the IB&A and Youth Committees), with the exception of 'Honorary Volunteer Members' who would be permitted to serve a maximum term of eight (8) years.
If term limits are adopted by the City Council, the terms of current Military Support Committee Members would be retroactive to the current term only. For example, if a Committee Member is in the first year of a two-year term, this will count as one year of the maximum term. Or, if a Committee member is in the second year of a two-year term this will count as two years of the maximum term. Additionally, if a Committee Member previously served a terms), those years will not count towards the maximum term of six (6) years.
The rationale behind the recommendation to adopt term limits is in line with prior City Council direction, which led to the adoption of term limits for other Commissions and Committees in October 2014, to allow for additional community member participation and 4 ideas. Additionally, with up-to 10 'Honorary Volunteer Member' appointments available, those Committee members that term out may still have the opportunity to remain involved in the Committee in a volunteer participatory capacity.
Ex Officio Members
The proposed action to amend section 2-3-22 (Ex officio members), limits the total number of representatives from the Laguna Niguel Military Support Foundation to one.
Currently, the total number of representatives is not limited. With the addition of up-to 10 Honorary Volunteer Members, one Military Support Foundation Ex Officio member adequately meets the needs of the Committee. The recommended amendment to section 2-3-22 (Ex officio members), is to delete the phrase "or more" from the section.
The section reads: The following ex officio members shall serve on the committee in a non-voting advisory role:
• 2-3-22(e) current: One or more representatives from the Laguna Niguel Military Support Foundation.
• 2-3-22(e) proposed amendment: One representative from the Laguna Niguel Military Support Foundation.
Changing the number of representatives on the Committee appointed by the Laguna Niguel Military Support Foundation will match the total maximum number of Ex officio member liaisons from the commanding officer of the adoptive units (one appointment), and the adoptive units Spouse/Family Support Group (one appointment). Additional language is also being recommended to clarify that ex officio members may not concurrently serve as a voting at-large member.
Additionally, since the Committee's selected adoptive units have changed with the retirement of the USS McClusky, language is being recommended to remove reference to the specific units and to become broader, so any future adoptive unit change does not need to be made to the Municipal Code, in the future. The recommended language will remove specific unit names and replace with 'the Committee's selected adoptive military units".
Duties of Committee
Section 2-3-23 (Duties of Committee) is recommended to be amended to clean-up language related to past, current, and future adoptive units.
Similar to the language change in the Ex Officio Member section, amended language will also serve to remove reference to the specific units and to become broader, so any future adoptive unit change does not need to be made to the Municipal Code, in the future. The recommended language will remove specific unit names and replace with "the Committee's selected adoptive military units". Given the aforementioned amendments, renumbering has also become necessary in this section.
5 Staff has prepared Ordinance 2022-212 (Attachment A) to include all of the aforementioned amendments and additions pertaining to the Military Support Committee.
ALTERNATIVES CONSIDERED
The City Council may elect to:
1. Make no changes to the existing Ordinance.
2. Make additional edits to the provisions of Commissions, Boards and Committees.
FISCAL REVIEW
Adoption of Ordinance No. 2022-212 has no additional fiscal impact to the City.
LEGAL REVIEW
The City Attorney's Office has approved the report and Ordinance No. 2022-212 as to form.
CONCLUSION
To further update the provisions on City Commissions, Boards and Committees, specifically the Military Support Committee, The Military Support Committee Co-Chairs (Mayor Pro Tem Rains and Council Member Sharma) recommend that the City Council:
1. Waive full reading, make any amendments to, and introduce Ordinance No. 2022-212 by title:
ORDINANCE NO. 2022-212
AN ORDINANCE OF THE CITY OF
LAGUNA NIGUEL AMENDING VARIOUS PROVISIONS OF
THE LAGUNA NIGUEL MUNICIPAL CODE RELATING TO THE
MILITARY SUPPORT COMMITTEE, INCLUDING
PROVISIONS TO ESTABLISH THE POSITION OF AN
HONORARY VOLUNTEER MEMBER, ESTABLISHING TERM
LIMITS, REVISING PROVISIONS FOR EX OFFICIO
MEMBERS, REVISING THE DUTIES OF THE COMMITTEE,
AND MAKING A FINDING OF EXEMPTION UNDER CEQA IN
CONNECTION THEREWITH
2. Direct that the proposed ordinance, with any changes to it, be placed on the agenda for the February 1, 2022 City Council meeting and adopt the Ordinance at that meeting.
6 Lamara Setorman Cretang, Martin
Tamara S. Letourneau Justin J. Martir
City Manager Deputy City Manager
Never It Emis
Kevin G. Ennis, Esq.
City Attorney
Attachments:
A. Ordinance No. 2022-212
ATTACHMENT A
Ordinance No. 2022-212 Amending the Laguna Niguel Municipal Code Related to the Military Support Committee
ORDINANCE NO. 2022-212
AN ORDINANCE OF THE CITY OF
LAGUNA NIGUEL AMENDING VARIOUS PROVISIONS OF THE
LAGUNA NIGUEL MUNICIPAL CODE RELATING TO THE MILITARY
SUPPORT COMMITTEE, INCLUDING PROVISIONS TO ESTABLISH
THE POSITION OF AN HONORARY VOLUNTEER MEMBER,
ESTABLISHING TERM LIMITS, REVISING PROVISIONS FOR EX
OFFICIO MEMBERS, REVISING THE DUTIES OF THE COMMITTEE,
AND MAKING A FINDING OF EXEMPTION UNDER CEQA IN
CONNECTION THEREWITH
The City Council of the City of Laguna Niguel does hereby ordain as follows:
Section 1. Recitals.
On October 1, 2019, the City Council adopted Ordinance No. 2019-198, amending the Laguna Niguel Municipal Code to include previously adopted provisions for the operation of all City Commissions, Boards and Committees into Division 3 of Title 2 of the Laguna Niguel Municipal Code. Ordinance No. 2019-198 became effective thirty days thereafter, on October 31, 2019.
b. On February 18, 2020, the City Council adopted Ordinance No. 2020-203 to further amend Division 3 of Title 2 by amending Section 2-3-21 governing the procedures for removal of members of the Military Support Committee and making other changes to other advisory committees and commissions.
C. The City Council now desires to further amend the provisions relating to the Military Support Committee that are contained Division 3 of Title 2 of the Laguna Niguel Municipal Code to: (1) establish the position of Honorary Military Support Committee Volunteer Member; (2) establish limitations on the number of terms of office that members of the Committee may serve to six (6) years, except for honorary volunteer members who may serve up to eight (8) years; (3) limit the number of Ex Officio member representatives on the Committee appointed by the Laguna Niguel Military Support Foundation to one (1) member; (4) provide flexibility in the duties of the Committee to address changes in adoptive military units of the Committee; and (5) make other changes to the Committee's operation.
Section 2. Section 2-3-7 (Term Limits) of Article 1 (General Provisions) of Division 3 (Commissions, Boards and Committees) of Title 2 (Administration and Personnel) of the Laguna Niguel Municipal Code, is hereby added to read as follows with deletions shown in strikeout format and additions shown with underlining:
"Sec. 2-3-7. - Term limits.
(a) No person shall be appointed to hold office as a member of any one city commission or committee for more than three consecutive two- year terms, for more than six consecutive one-year terms, or for more Ordinance No. 2022-212 Page 2
than six consecutive years of a combination of two- and one-year terms.
(b) After a person has served three consecutive two-year terms or six consecutive years on one commission or committee, that person may again be appointed to serve on that commission or committee after he or she has been off that commission or committee for at least two years.
(c) If a person serves for at least one year of a two-year term, that person for purposes of this section shall be considered to have served a full two-year term.
(d) The term limits established by this section shall apply retroactively and, therefore, terms that were completed prior to the effective date of this section and terms that are in existence at the time of the effective date of this section shall count for purposes of applying the term limits established by this section.
(e) This section does not apply to the investment, banking and audit committee, the military support committee or the youth committee." (f) The retroactivity of the term limits provision provided in subsection (d) of this section shall not apply to the Military Support Committee. In addition, the specific duration of the term limits provisions of subsections (a) and (b) of this section shall not apply to honorary volunteer members of the military support committee, and instead, no person shall be appointed to hold the position of honorary volunteer member of that committee for more than four (4) two-year terms, eight (8) one-year terms, or for more than eight (8) consecutive years of a combination of two-and one-year terms.
Section 3. Section 2-3-22 (Ex Officio Members) of Article 3 (Military Support Committee) of Division 3 (Commissions, Boards and Committees) of Title 2 (Administration and Personnel) of the Laguna Niguel Municipal Code, is hereby amended to read as follows with deletions shown in strikeout format and additions shown with underlining:
"Sec. 2-3-22. - Ex officio members.
The following ex officio members shall serve on the committee in a non-voting advisory role and may not concurrently serve as a voting at-large member:
(a) A liaison appointed by the commanding officer of all of the committee's selected adoptive military units. A liaison appointed by the commanding officer of the USS McClusky.
(b) A liaison appointed by the commanding officer of the USMC 1/4.
Ordinance No. 2022-212 Page 3
(c) A representative appointed by the USS McClusky Spouse/Family support group.
(d) A representative appointed from all of the committee's selected adoptive military units the USMC 1/4 Spouse/Family support groups. (ec) One or more representatives from the Laguna Niguel Military Support Foundation."
Section 4. Section 2-3-23 (Duties of the Committee) of Article 3 (Military Support Committee) through Section 2-3-40 (Staff Assistance) of Articles 5 ((Senior Citizens Committee) of Division 3 (Commissions, Boards and Committees) of Title 2 (Administration and Personnel) of the Laguna Niguel Municipal Code, are hereby renumbered as Section 2-3-24 through 2-3-41 respectively.
Section 5. A new Section 2-3-23 (Honorary Volunteer Members) of Article 3 (Military Support Committee) of Division 3 (Commissions, Boards and Committees) of Title 2 (Administration and Personnel) of the Laguna Niguel Municipal Code, is hereby added to read as follows:
"Sec. 2-3-23. - Honorary volunteer members.
In addition to the at-large and ex officio members, the Committee shall also have honorary volunteer members, who shall be appointed and have the duties contained in this section:
(a) Individuals are eligible for appointment as an honorary volunteer member if they have served on the committee as an at-large member for at least four (4) years and during which they served as a chair of one of the committee's subcommittees for at least two (2) years. (b) Honorary volunteer members shall be appointed by the collective action of the Co-Chairs of the committee after an interview, and upon selection, shall be invited to serve as a volunteer on the committee.
In making an appointment, the Co-Chairs shall take into account whether the individual served on the committee in compliance with the committee's guidelines, served in good standing, and was an exemplary participant and fundraiser of the committee during his or her tenure on the committee.
(c) The Co-Chairs, when making the annual appointment of members to the Committee, shall as to each honorary volunteer member, designate whether that member shall serve for a term of one year or a term of two years.
(d) The maximum number of honorary volunteer members of the committee at any one time shall be ten (10).
Ordinance No. 2022-212 Page 4
(e) Honorary volunteer members shall not be voting members of the committee and do not have the same attendance and participation requirements as voting members. An honorary volunteer member may not concurrently serve as a voting at-large member or ex officio member.
(f) Notwithstanding the provisions of subsections (a) and (b) ot Section 2-3-7 (Term Limits) of this Division 3, no person shall be appointed to hold the position of honorary volunteer member for more than four (4) two-year terms, eight (8) one-year terms, or for more than eight (8) consecutive years or a combination of two-and one-year terms." Section 6. Section 2-3-24 (Duties of the Committee) of Article 3 (Military Support Committee) of Division 3 (Commissions, Boards and Committees) of Title 2 (Administration and Personnel) of the Laguna Niguel Municipal Code, is hereby amended to read as follows with deletions shown in strikeout format and additions shown with underlining:
"Sec. 2-3-24. - Duties of the committee.
The duties and responsibilities of the military support committee shall consist of the following:
(a) Maintain continuous communication and contact between the city and representatives of the Committee's selected adoptive military units. USS MeClusky and USMC 1/4.
(b) Determine the support needs of the personnel and families of the Committee's selected adoptive military units. USS McClusky and USMC 1/4.
(c) Plan, organize and conduct programs and special events to support the personnel and families of the Committee's selected adoptive military units. USS McClusky and USMC 1/4.
(d) Represent the city at ceremonial and social events, upon the invitation of the commanding officer (or his/her representative) of the Committee's selected adoptive military units. USS McClusky and USME 1/4.
(e) Solicit and raise private funds and donations to support the Laguna Niguel Military Support Foundation's mission to support the city's adoptive relationship, programs and special events with the Committee's selected adoptive military units. USS McClusky and USMG 1/4.
(f) Provide periodic updates to the city council on its activities.
Ordinance No. 2022-212 Page 5
(g) Such other duties and responsibilities as may be assigned by the Laguna Niguel City Council.
Section 5. Exemption from CEQA. The City Council hereby finds that it can be seen with certainty that there is no possibility the adoption of this Ordinance will have a significant adverse effect on the environment because the Ordinance only contains administrative provisions related to the membership and operation of the City's Military Support Committee. The adoption of this Ordinance is therefore exempt from California Environmental Quality Act review pursuant to State CEQA Guidelines Section 15061(b)(3) because the Ordinance is covered by the general rule common sense exemption that CEQA applies only to projects which have the potential for causing a significant effect on the environment. The adoption of this Ordinance only provides for the inclusion and amendment of the Laguna Niguel Municipal Code of the operational provisions for the City's already established Military Support Committee and does not have the possibility of resulting in any physical changes in the environment.
Section 6. Severability. If any section, subsection, subdivision, sentence, clause, phrase, or portion of this Ordinance is, for any reason, held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have adopted this Ordinance and each section, subsection, subdivision, sentence, clause, phrases, or portion thereof irrespective of the fact that any one or more sections, subsections, subdivisions, sentences, clauses, phrases, or portions thereof be declared invalid or unconstitutional.
Section 7. Effective Date of Ordinance. This Ordinance shall go into effect and be in full force and operation from and after thirty (30) days after its final passage and adoption.
Section 8. • City Clerk's Certification. The City Clerk shall certify to the adoption of this Ordinance and cause the same to be posted at the duly designated posting places within the City and published once within fifteen (15) days after passage and adoption as required by law; or, in the alternative, the City Clerk may cause to be published a summary of this Ordinance and post a certified copy of the text of this Ordinance in the Office of the City Clerk five (5) days prior to the date of adoption of this Ordinance, and, within fifteen (15) days after adoption, the City Clerk shall cause to be published the aforementioned summary and shall post a certified copy of this Ordinance, together with the vote for and against the same, in the Office of the City Clerk.
Ordinance No. 2022-212 Page 6
PASSED, APPROVED AND ADOPTED this _ _ day of , 2022.
Elaine Gennawey, Mayor
ATTEST:
Thy Merritt, Acting City Clerk