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Ordinance 2927 and Staff ReportCITY OF ALAMEDA ORDINANCE NO. 2927 New Series AMENDING THE ALAMEDA MUICIPAL CODE BY AMENDING SUBSECTION 2-2 (MEMBERSHIP; TERM OF OFFICE; REMOVAL) AND 2-3 (QUALIFICATIONS; QUORUM; VOTING) OF SECTION 2-8 (TRANSPORTATION) OF CHAPER II (ADMINISTRATION) TO REDUCE THE SIZE OF THE TRASPORTATION COMMISSION FROM NIN TO SEVEN MEMBERS; ALLOW FOR STAGGERED TERMS AN TO REDUCE THE SIZE OF THE QUORUM FROM FIVE TO FOUR MEMBERS BE IT ORDAIND by the City Council of the City of Alameda that: Section 1 The Alameda Municipal Code is hereby amended by amending subsection 2-8.2 (Membership; Term Of Office; Removal) of Section 2-8 (Transportation Commission) of Chapter II (Administration) to read as follows: Membership: Term of Offce; Removal. The Transportation Commission shall consist of seven (7) voting members a: nominated by the Mayor and appointed by Council. The voting members shall be selected to represent a diversity of transportation modes and be balance between commuter, business , and I- recreational use. The term ofthe appointed representative shall be four (4) years. Terms shall be0: staggered so that one-third of the terms expires in three consecutive years , which shall be implemented by a one-time term of two years for two seats and three years for two seats. Appointed representatives shall serve a maximum of two full terms plus any unexpired term. Any appointed member may be removed by majority vote of the City Council. vacancy in the offce of any such member shall be filled and appointed in the maner hereinabove set forth and shall be for the unexpired portion of the term of office vacated. Section 2.The Alameda Municipal Code is hereby amended by amending subsection 2-3 (Qualification; Quoru; Voting) of Section 2-8 (Transportation Commission) of Chapter II (Administration) to read as follows: Qualification; Quorum; Voting. The seven (7) appointed representatives of the Transportation Commission shall at the time of their appointment and continuously during their incumbency, either be residents of the City of Alameda or employed by a business operating within the City. A maximum of two (2) appointees can be non-residents of Alameda. A quoru will consist of four (4) members of the Transportation Commission. The vote of four (4) members shall be necessary for any action of the Transportation Commission. Section 3. This Ordinanye shall be in full force and effect from and after the expiration of thirty (30) days from the date of its final passage. Presiding O Attest: we;l5 Lara Weisiger , City C City of Alameda ****** , the undersigned , hereby certify that the foregoing Ordinance was duly and regularly adopted and passed by the Council of the City of Alameda in a reguar meeting assembled on the 20 day of July, 2004 by the followig vote to wit: AYES:Councilmembers Daysog, Gilmore , Kerr , Matarese and Mayor Johnson - 5. NOES:None. ABSENT:None. ABSTENTIONS:None. IN WITNSS , WHREOF , I have hereunto set my hand and affxed the offcial seal of said City ths day of July, 2004. . .. evt? J/-r Lara Weisiger, City City of Alameda CITY OF ALAMEDA MEMORANDUM Date: June 22 , 2004 To:Honorable Mayor and Councilmembers From: James M. Flint City Manager Re:Introduction of Ordinance Amending the Alameda Municipal Code (AMC) Section 2-8.2 to Reduce the Size of the Transportation Commission from Nine to Seven Members and to Allow for Staggered Terms and to Amend Section 2 -8.3 to Reduce the Size 0 fthe Quorum of the TC From Five to Four Members BACKGROUN At the May 4 , 2004 , Council meeting, City Manager presented an ordinance to reduce the size of the Transportation Commission (TC) and to allow for staggered terms. Council asked City Manager to investigate the turnover and staggering of the terms of other City boards commissions and committees including the Public Ar Advisory Committee so that there would be citywide consistency. DISCUSSION/ANALYSIS The practice of staggering the terms of a Board , Commission or Committee , hereafter referred to as an offcial group, ensures that there is minimum disruption to the composition of the group in question in order to preserve institutional knowledge and so that the work of the body in question is impacted as little as possible. In the case of the TC , it also presents more frequent opportunities to appoint members in order to keep the membership balanced between commuter, business, and recreational use " as stated in the ordinance establishing the TC. Staff researched all thirteen City Boards and Commissions as well as three City Committees. these sixteen groups, the fifteen with four-year terms are presented in Table 1. There are nine five-person groups , three seven-person groups and two nine-person commissions , (of which one is the TC). The Mayor s Committee on Disability Issues is currently in flux and is transitioning from eight to eleven members. Table 1 presents the name of the offcial group, the number of . members , and the number of years within the four-year cycle where at least one member s term expires. This latter number reflects how the terms are staggered: two years indicates that every other year about half of the terms expire and new members must be appointed or reappointed three indicates t hat a bout 0 ne- third 0 f t he terms expire i n three c onsecuti ve years 0 f t he four year-cycle , and four indicates that every year of the four-year cycle , about one-fourth of the terms expire. Dedicated to Excellence. Committed to ServiceOtaill Re: Introduction of Ordinance #4-E CC 7 - Honorable Mayor and Councilmembers Page 2 June 22 , 2004 The number of staggered terms per four-year cycle was also analyzed. As presented in Table I only four of the 14 groups stagger their membership every two years , and all of these have five members. The four official groups with a size similar to the TC , i.e. seven or nine members , are the Housing Commission, the Social Service Human Relations Board and the Planning Board, all with seven members , and the Economic Development Commission with nine members. Three these four groups have staggered terms with three rotations within the four-year cycle where one- third of the members turnover in three consecutive years. The Planing Board , the fourh , has turnover in every year of the four-year cycle: 2-2-and I. Of the nine groups with five members , four have at least one term expiring every year of the four-year cycle. Four of the nine turn over half their membership every two years , including the Public Ar Advisory Committee. The ninth , the Historical Advisory Board , turs over members in three years of the four-year cycle. Based on this research it seem most appropriate for the TC to have staggered terms similar to the other seven or nine-member commissions i.e. with one-third of the membership rotating in three consecutive years of the four-year cycle. On September 25 , 2002 , the TC's first meeting, a random drawing was conducted in order to stagger the nine terms so that they all did not expire in 2006. Based on the drawing, four (4) terms were identified to expire in 2004 , (Spangler , Barry, Ratto and Clem). With the recommended reduction in membership from 9 to 7 , only 2 commission openings would befilled. It is also recommended that the TC have staggered terms similar to the other seven or nine-member committees i.e. with one-third of the members rotating in three consecutive years of the four- year cycle. To fill the two positions , the standard procedure would be followed: . The City Clerk would advertise the available positions (a press release was distributed on April 26 , 2004 , and three applications have been received as of June 2004); . Incumbents may reapply and be considered along with other applicants; . The Mayor would recommend to Council two nominees to fill the vacated seats whose terms would expire in 2008. . Council wil vote on the two nominees. To stagger the terms in one-third increments , a random drawing of the remaining 5 members would be conducted to identified the two members whose terms would expire in 2005 and the remaining three members ' terms would expire as scheduled in 2006. BUDGET CONSIDERA TION/FINANCIAL IMP ACT There is no impact to the General Fund for this change. Dedicated to Excellence, Committed to Service liolAl Public Work fprtmtPulicWor HfmjlrYou! Honorable Mayor and Councilmembers Page 3 June 22 2004 RECOMMENDATION The City Manager recommends that the City Council introduce the proposed ordinance to amend AMC Section 2-8.2 to reduce the size of the TC from nine to seven members and to allow for staggered terms and to amend Section 2-3 to reduce the size of the quorum ofthe TC from five to four members. The City Manager also recommends that the City Council accept the staggered terms by one-third rotation using the methodology described above. Matthew T. Naclerio Public Works Director By:Michelle DeRobertis P. Associate Civil Engineer MTN:MD:gc G:\PUBWORKS\PW ADMIN\COUNCIL\2004\070604\TCreduction.doc Dedicated to Excellence, Committed to Service liofAl Public Work fprtmtPubliWoJf/tYotlf Honorable Mayor and Councilmembers Page 4 June 22 , 2004 Board or Commission #of # of yrs in 4-yr cycle that (four-vear terms)Members terms expire Civil Service Board (2/1/1/1 ) Economic Development Commission (3/3/3) Golf Commission (2/1/1/1 ) Historical Advisory Board (1/2/2) Housing/Building Code Appeals Board (1/4 ) Housing Commission (3/2/2) Library Board (2/1/1/1 Planning Board 4 C (2/2/2/1 ) Public Utilities Board (1/1/1/1) 10. Recreation And Park Commission (3/2) 11. Social Service Human Relations Board (3/2/2) 12. Transportation Commission (recommend)(2/2/3) Committees (four-year terms) Public Arts Advisory Committee.2 A (3/2) Cable TV Advisory Committee 2 C (2/3) Mayor s Committee on Disability Issues 8 -Proposed 2 (5/6) Note A: Terms shall be staggered so that the number of terms expiring any year shall not differ (by) more than one (1) from the number of terms expiring in any other year. Note B: Staggering of terms is not specified in ordinance or charter Note C: Staggering of terms is specified in ordinance or charter (2/1/1/1) - # of seats that expire in each rotation of the 4 year cvcle TABLE 1 -CITY OF ALAMEDA BOARDS AND COMMISSIONS MEMBERSHIP TURNOVER Dedicated to Excellence, Committed to Service liofAl Public Work fprtmtPublic Wo Hfj' Yc1U!